1 Introduction
The person who owes you money (the debtor) may already be bankrupt or you may be considering making them bankrupt to recover the debt they owe you.
Bankruptcy has serious consequences for debtors. You should be aware that you may not recover the amount you are owed by making someone bankrupt.
Bankruptcy is not the only way to try to recover debt. In Scotland other legal processes, known as diligences, can be used.
Diligences include:
- Arrestment of the debtor's bank account;
- Arrestment of the debtor's earnings;
- Attachment of the debtor's assets; and
- Inhibition on the debtor's property.
A solicitor can give you advice about these processes. You may also get advice from Citizens Advice Scotland or Money Advice Scotland.
The information in this booklet applies to petitions or applications for bankruptcy that are lodged with the court or the Accountant in Bankruptcy from 1 April 2008. Information for creditors regarding bankruptcies that started before this date can be found in the AiB publication AiB 4 - Creditor's Guide.