Diligence (Scots law)

In Scots law, diligence is the legal process by which a creditor enforces a decree or other document of debt against a debtor's assets to recover money owed. It is essentially the Scottish equivalent of enforcement of a judgment in other legal systems. Diligence can be used to attach various forms of property, including heritable property (land and buildings), moveable property (goods, money, and debts owed to the debtor), and earnings.

Different types of diligence are available depending on the nature of the debt and the type of asset to be targeted. Common forms of diligence include:

• Attachment: This involves seizing moveable property belonging to the debtor. Prior to abolition on 1 April 2009, "poinding" was a form of attachment applied to corporeal moveables found inside the debtor's dwelling-house or premises. This was replaced by the simplified procedures in the Debt Arrangement and Attachment (Scotland) Act 2002.
• Earnings Arrestment: This allows a creditor to deduct a portion of the debtor's wages or salary directly from their employer.
• Bank Arrestment: This involves freezing funds held in a bank account belonging to the debtor.
• Inhibition: This is a diligence against heritable property which prevents the debtor from selling, transferring, or granting standard securities over their land or buildings to the prejudice of the creditor. This does not prevent the debtor from occupying the property.
• Adjudication: This is a diligence against heritable property that allows the creditor to take ownership of the debtor's land or buildings, or a part thereof, in satisfaction of the debt.

The process of diligence is governed by legislation, including the Debt Arrangement and Attachment (Scotland) Act 2002 and the Bankruptcy and Diligence etc. (Scotland) Act 2007, and requires strict adherence to procedural rules. The law also provides debtors with certain protections, such as minimum levels of income that cannot be arrested and protection for essential household items. The ultimate goal of diligence is to provide a mechanism for creditors to recover debts legally owed to them, while also safeguarding the rights of debtors.