Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

Applications by second creditors for information

52.—(1) An application by a second creditor under section 59(5) of the Act for an order to ordain an employer to give information relating to any other earnings arrestment or current maintenance arrestment to the second creditor shall be in form 42.

(2) An application to which paragraph (1) of this rule applies shall specify—

(a) the name and address of the applicant, the debtor, the employer and the officer of court who served the arrestment schedule in respect of the debt due to the applicant;

(b) the date of service of the applicant’s earnings arrestment or current maintenance arrestment schedule;

(c) that the arrestment did not come into effect by virtue of section 59 of the Act;

(d) the information required by the applicant and which he alleges has not been provided by the employer;

(e) the order sought; and

(f) any competent crave for expenses.

(3) On the lodging of such an application the sheriff clerk shall—

(a) fix a date for a hearing;

(b) obtain from the sheriff a warrant for intimation;

(c) intimate the application and warrant to the applicant and the employer; and

(d) complete a certificate of intimation.

(4) The sheriff clerk shall intimate the sheriff’s decision in such an application to the employer if the employer was not present when the application was determined.