Past Paper Questions Flashcards
(166 cards)
1
Q
What is the form used when applying for an eviction order from the First Tier Tribunal for Scotland, Housing and Property Chamber?
A
Form E
2
Q
In terms of which Act and by what method are proceedings raised in Scotland to recover possession of a residential property from an individual, which is subject to a standard security?
A
Act of sederunt (Summary Applications, Statutory Applications and Appeals etc rules) 1999
Summary application
3
Q
In respect of a Summary Cause decree for ejection with the necessary prerequisites adhered to can the ejection take place on:
A) a Saturday at 1900hrs
B) a Wednesday at 0700hrs
C) a Sunday at 0900hrs
A
A) yes
B) no
C) no
4
Q
Is a Petition for Bankruptcy under the Bankruptcy (scotland) act 2016 relevant in respect of
A) a trust
B) a limited liability partnership
C) a public limited company
D) a dissolved partnership
A
A) yes
B) no
C) no
D) yes
5
Q
To what do the following forms relate
A) form 3b, simple procedure
B) form G10 ordinary cause
C) form 7 summary application
A
A) further claiment form
B) intimation of withdrawal of solicitor
C) certificate of citation
6
Q
How is service of inhibition on the dependence on an Ordinary Cause Action effected where the whereabouts of the debtor is not known?
A
Left with Sheriff clerk at the Sheriff court at defenders last known address, postal copy and daip also sent to defs last known address
7
Q
When serving an arrestment on the dependence in a simple procedure, what should you be mindful of and what time limit applies?
A
The claim form must be served within 21 days.
8
Q
What diligences are authorised by the warrant for all lawful execution contained within a simple procedure decision form?
A
Inhibition, arrestment, attachment, earnings arrestment,
9
Q
Can a creditor recover interest from a debtor who has a Time To Pay Direction in place ordering payment by instalments
A
Yes but only if they have notified the defender.
10
Q
What is the protected minimum balance, if any, of an Arrestment served with:
A) a high street bank where the debtor is a partnership?
B) a building society where the debtor is an individual?
C) a construction company where the debtor is an individual contractor?
A
A) nil
B) 1000
C) nil
11
Q
When a defender receives an Ordinary cause initial writ claiming 23,000 what three options are open for the Defender?
A
Apply for a time to pay direction, defend the case in court,???
12
Q
What type of debts fall within an application for a Time Order?
A
Debts following service of a charge for Payment or Diligence, debts below 25,000
13
Q
Explain what a counterclaim is.
A
A claim made by the defender against the pursuer in an already existing matter.
14
Q
What is a decree “in foro”
A
A decree where answers had been lodged during the case.
15
Q
Which rules govern Child Protection Orders?
A
Children’s Hearings (scotland) act 2011
Act of sederunt (childcare and maintenance rules) 2017
16
Q
When would you prepare the following forms.
A) F23
B) F24
A
A. Divorce 2years non-cohabitation
B. Action of separation 2years non-cohabitation
17
Q
Name 6 types of action that can be raised in sheriff court?
A
Actions for delivery
Actions for recovery of heritable property
Actions against persons who have no right or title to occupy land.
Admiralty actions
Personal injuries actions
Actions for implement of an obligation
Actions of multiple poinding
Actions of count and reckoning.
18
Q
When a simple procedure procedure document is being served by post, what is the wording on the envelope?
A
This envelope contains a simple procedure claim form from Edinburgh sheriff court. If delivery cannot be made, the letter must be returned immediately to the sheriff clerk at Edinburgh sheriff court, chambers street Edinburgh.
19
Q
When proceeding to execute an attachment, what procedure should a Sheriff Officer follow prior to executing the attachment?
A
Check date of execution of charge to ensure period of payment has expired.
Check execution of service of DAIP to ensure that service was not more than 12weeks before.
Show everyone present the decree and execution of charge to which debt relates,
Demand payment,
Enquire as to ownership in common of articles.
20
Q
Within what period must an initial writ be served after the execution of an interim attachment
A
21 days from the day of execution of the interim attachment
21
Q
With reference to authority, specify which articles are exempt from attachment.
A
Debt arrangement and attachment (scotland) act 2002
Tools of trade not exceeding 1000
Any vehicle reasonably required not exceeding 1000
Mobile home which is debtors principle home
Tools required for keeping a garden or yard
Money.
22
Q
What is the form for a simple procedure decision and when does warrant for all lawful execution become active thereon?
A
13A, 28 days from sent date.
23
Q
In which legislation would you locate the form used for a Statutory Demand for Payment of Debt.
A
Bankruptcy (scotland) regulations 2016
24
Q
In Ordinary Cause procedure, what is the form and in terms of what rules?
A) Witness citation?
B) A Money Attachment schedule?
C) A schedule of Arrestment on the Dependence?
D) An Attachment schedule?
A
A) G13, Act of sederunt ordinary cause rules 1993
B) Form 1, Act of sederunt (Money Attachment Rules) 2009
C) Form G4B, Act of sederunt (Ordinary Cause Rules) 1993
D) Form3, Act of sederunt (Debt Arrangement and Attachment (scotland) act 2002) 2002.
25
What legislation governs the fees applicable for sheriff officer service and what is the current applicable fee for a charge for payment for a Sheriff Court decree of £800 for one person at one address?
Act of sederunt (fees of messengers-at-arms and sheriff officers) (amendment) 2024
£61.70
26
Can a charge for payment be served on partners not named on a decree?
Yes
27
What are the number of days of charge on a Charge for Removing where the defenders whereabouts are unknown?
14 days
28
What is the minimum amount that a creditor can petition for the sequestration on an individual?
5000, Coronavirus (recovery and reform) (scotland) act 2022
29
What is the notice on a Petition for sequestration?
No fewer than 6 day and not more than 14 days before hearing date.
30
What is the period of notice on a petition to wind up a limited company?
8 days from date of intimation.
31
What commonly used diligence is not available when enforcing a liability order for child support?
Earnings Arrestment.
32
What would you use for a certificate of intimation of and within what period must it be lodged in court?
G8, return within 5 days of intimation
33
What diligence can still be executed while a time to pay direction is in effect?
Inhibition.
34
What is the current rate of judicial interest?
8%
35
How long does a charge for payment last for?
2 years.
36
Is the fee for a previously executed Arrestment recoverable from a subsequent Earnings Arrestment?
No
37
What is the current level of protected minimum balance and where specifically would you locate this figure?
1000, Debtors (scotland) act 1987
38
Can the following be executed:
A) An Attachment of assets located in a debtors rooftop garden?
B) An Exceptional Attachment Order, after having given a weeks notice of your arrival to execute, only the debtors 14 year old daughter is present?
C) a Money Attachment, where the money is located in a private residential flat above a takeaway?
A) no
B) yes
C) no
39
When serving a charge for payment on Summary Warrant by leaving with a resident at the debtors dwelling place, what is the minimum age the person accepting service must be and in terms of which Act?
16
40
What would you have served if the Certificate of Service you prepare is in form DA2
An interdict and interlocutor in a DA1 relating to domestic abuse.
41
In the table of fees, what surcharge may be levied in:
A) Serving an Initial Writ where the value of the action is over 100,000
B) remote rural service
A) 0.01% of sum sued for
B) 30%
42
What are the modes of service when citing the unnamed occupier of a shop unit in an Ordinary Cause Action?
Leaving or Depositing
43
In what circumstances stances would a Form G10 be served and what must be served along with it?
Withdrawal of solicitor, interlocutor.
44
What are the days of charge when serving:
A) A Charge for Payment where the defender resides in Dublin?
B) A Charge for Removing where the whereabouts of the defender are unknown?
A) 28 days
B) 14 days
45
Give four examples when a time to pay direction would not be competent?
Monies due Hmrc, balance over 25,000, monies due for car tax, rates or council tax, connection with a maintenance order, capital sum for divorce.
46
Give four examples of a person who cannot hold a position of a Sheriff Officer?
MP, Money Lender, Solicitor, House Factor, Auctioneer, Police Officer.
47
Within what period can a debtor redeem articles after the execution of an attachment located outwith a dwelling place and what procedure must follow?
14 days, debtor must be issued with a receipt in Form 9
48
What is the period of notice for a) a minute, b) a motion and what is the form number for opposing a minute/motion?
A) minute, 14 days
B) motion, 7 days
Form of opposition G9
49
How many days following the issue of a warrant for a Third Party Notice, in an Ordinary Action, must the notice be served?
14 days
50
When would a creditor apply for a conjoined arrestment order and where would you find the form used?
When 2 creditors wish to enforce 2 separate earnings arrestment or 2 separate current maintenance agreement, form 43 in Act of sederunt (proceedings in the sheriff court under the debtors (scotland) act 1987) 1988
51
What is the Society of Messengers-at-arms & Sheriff Officers motto and what does it mean?
Ob temper, to obey.
52
When executing a Ship Arrestment where would you attach the Arrestment Schedule, what else must be done other than the delivery of copies?
Attach to main mast, or other prominent location, e.g. wheelhouse, KCIII chalked above schedule.
53
Can an inhibition be executed in pursuance of a Summary Warrant?
No.
54
What is the definition of a decree of Absolvitor?
Judgement finding in favour of defender, prevents same action being raised again.
Defender is Assoilized.
55
In respect of a Statutory Demand for Payment for service on an individual, how is it served, what is the form number of the Statutory Demand and in which legislation would you locate this form?
Served personally, unless craved by any legal mode, form 5, Bankruptcy (Scotland) regulations 2016
56
A client has asked you to carry out the Arrestment of a Ship on the Dependence of an action on a Sunday. Is this permitted and additionally to what legislation would you refer to for guidance?
Yes, arrestment of ship or cargo can be executed on any day, Act of Sederunt (sheriff court ordinary cause rules) 1993
57
You have been asked to serve a charge for payment on an individual residing in Scotland. The value of the debt in the Decision Form is 1500. What rule of service would apply and what methods are available.
Section 18 of the Act of Sederunt (simple procedure) 2016.
Modes of service would be :
Personally, leaving in the hands of a resident of employee at the person's place of business, depositing or leaving in away as to be seen by the defender.
If deposited or left in such a way as to be seen a post copy would needs to be sent.
58
In relation to an Ordinary Cause, what is the form number of the following and in terms of what rules?
A) a Money Attachment Schedule?
B) a schedule of Arrestment on the Dependence
A) Form 1, Act of Sederunt (Money Attachment Rules) 2009
B) G4B, Act of Sederunt (Ordinary Cause Rules) 1993.
59
How many hours of CPD must an officer complete annually and how is this split?
8hrs, 2 private study, 6 group study.
60
Your client wishes you to serve an Initial Writ on the Walls Of Court. The defenders whereabouts are unknown. Can this be done by a Sheriff Officer?
Yes
61
What is the period of a charge for removing and what legislation covers this?
14 days, Bankruptcy and Diligence etc (scotland) act 2007
62
Under Simple Procedure Rules, what are the terms for Pursuer and Defender?
Claiment and Respondent.
63
You have been asked to serve an Inhibition on an individual. In which statutory instrument would you find the Form?
Diligence (scotland) regulations 2009
64
What legislation enables a Sheriff Officer to proceed upon a warrant of citation which has no wet signature and has the printed name of the issuing court's officer.
Act of Sederunt (Electronic Authentication) 2016
65
What is the notice period on a petition for sequestration?
No more than 14 days and no fewer than 6 days before the date of the hearing.
66
What is the period of notice on a petition to wind up a limited company?
8 days after date of intimation
67
List two instances where civil imprisonment is still available?
Failing to comply with child maintenance, Failure to comply with decree Ad Factum Praestandum
68
What is the prescriptive period of an Arrestment in Execution when automatic release is not applicable and from when does it run?
3 years beginning with the day on which the Arrestment was executed.
69
What diligence can still be executed while a time to pay direction is in effect?
Inhibition
70
Where a debtor has defaulted in a Time to Pay Direction when does the decree become enforceable in relation to:
A) Monthly instalment
B) Deferred lump sum
A) On the due date of an instalment if the aggregate of two missed payments is due.
B) 24hrs after the due date.
71
In which primary legislation would you find provisions for :
A) interim attachment
B) recovery of council tax
C) winding up a limited company
A) Debt arrangement and attachment (scotland) act 2002
B) local government finance act 1992
C) insolvency act 1986
72
What is the current fee for reporting an Attachment to court?
11.31
73
In which legislation would you find the Schedule for a Charge for Removing?
The removing from heritable property (form of charge) (scotland) regulations 2011
74
What is the wording on a Sheriff Court Decree which permits enforcement?
This extract is warrant for all lawful execution here on
75
On completion of an ejection at a dwelling house, what must an officer do?
Complete an inventory of effects (form 6), witnessed, and
Complete a certificate of execution (form 7) and attach a copy in a sealed envelope to the door.
76
When must a debt advice and information package be delivered to a debtor in the respect of :
A) An earnings arrestment
B) An inhibition in Execution
A) no earlier than 12 weeks before service of the Arrestment Schedule
B) at time of service.
77
Where would you locate the schedule for a Money Attachment?
Act of sederunt (Money Attachment Rules) 2009
78
What is the difference between a Decree of Absolvitor and a Decree of Dismissal?
Dismissal can be brought back, Absolvitor cannot defender is Assoilized.
79
Where specifically would you locate the Table of Deductions in respect of an Earnings Arrestment?
Diligence Against Earnings (variation) (scotland) regulations 2021
80
Once apparent insolvency has been constituted, within what time period must a qualified creditor petition for sequestration of an individual and to which court must it be lodged?
4 months, court where the debtor has a place of business or is habitually resident.
81
What additional fees may be levied by a Sheriff Officer where:
A) service is executed at 0815 on a Wednesday?
B) service is a remote rural location?
C) service where the principal sum is over 100,000
A) 75%
B) 30%
C) 0.01%
82
With the exception of any articles exempt from Attachment, name three catagories of articles exempt from Interim Attachment.
Items of a perishable nature, a mobile home which is the only or primary residence of someone other than the debtor, goods used in the process of manafacturing.
83
In respect of an Ordinary Cause action, by what method is an application for Inhibition on the Dependence made and what form shall accompany the application?
Application made by motion, must be accompanied by a statement in form G4A
84
When proceeding with an attachment in pursuance of an Ordinary Cause decree, is it competent to proceed to attach a mobile home which is found to be owned by the debtor, but occupied by a tenant?
Yes.
85
Name four types of actions which can be raised as a Summary Cause?
Actions against unnamed occupiers
Actions of multiple poinding,
Actions of furthcoming,
Incidental applications.
86
List four grounds of Jurisdiction
Prorogation, exclusive, special, domicile, delict
87
List six types of action that can be raised as an Ordinary Cause
Actions in excess of 5000, actions of removing, commercial actions, actions of damages, Admiralty actions, motions and minutes, family actions.
88
What form would you use in an Ordinary Cause for a certificate of intimation of a Minute and within what period must it be lodged in court?
G8, return within 5 days of intimation.
89
What diligence can still be executed while a time to pay direction is in effect?
Inhibition
90
What is the prescriptive period for an Arrestment in Execution?
3 years from the day of service
91
How long does a charge for payment last for?
Two years.
92
What are the days of charge when the debtors whereabouts are unknown?
14 days.
93
Give two examples when a charge for payment can be served by post?
1. If pre agreed to with the debtor
2. If the debtor is Furth of Scotland
94
Is the fee from a previously executed Arrestment recoverable from a subsequent Earnings Arrestment?
No
95
Is the fee from a previously executed Arrestment recoverable from a subsequent Earnings Arrestment?
No
96
Explain the purpose of the following forms,
A) ordinary cause form G13
B) Ordinary Cause Form F26
C) Ordinary Cause Form F9
D) Simple Procedure Form 6a
A) Witness Citation
B) Notice of intention to defend in a family action
C) views of the child
D) copy of notice of claim form
97
What must be returned to the court upon service of a Simple Procedure Form 3A and by when?
Confirmation of formal service in form 6C within 7 days of service.
98
By what method is an application for a commission as a Sheriff Officer made, in which legislation would you locate the form used and to whom is such an application made.
Summary Applications, form 2, Act of sederunt (messengers-at-arms and sheriff officers rules) 1991, Sheriff Principle
99
In relation to an Ordinary Cause Action, what are the following forms?
A) G4B
B) 49.11D
C) PI1
A) Form of Arrestment on the Dependence
B) Arrestment on the Dependence of a Ship
C) initial writ in a personal injuries action
100
What is the Certificate of Citation in an Ordinary Cause Action?
Form 6
101
When may the Sheriff Clerk formally serve by post a Simple Procedure Claim form?
When the claiment is not a business and doesn't have legal representation.
102
What is the duration of an attachment of articles kept outwith a dwelling house?
How can this be extended.?
6 months, extension made in Form 12, Debt arrangement and attachment (Scotland) act 2002
103
What regulations currently give guidance to an employer of the amount an employer can deduct from an employee on receipt of an Earnings Arrestment?
Diligence Against Earnings (variation) (Scotland) Regulations 2023
104
How does a new creditor acquire an enforceable right to a sheriff court decree, including the statutory authority?
S. 88 of the Debtors Scotland Act 1987, assignation must be made to the debtor, then demonstrated to the Sheriff Clerk who assign warrant.
105
In a Summary Application where a time to pay direction under the Debtors (Scotland) act 1987 may be applied for, what are the Citation and Form numbers?
Time to pay, form 4.
Citation, form 6
106
From when and after what period can a decree be extracted,
A) in absence
B) a defended action.
A) 14 days from date of decree
B) after the period for appeal has expired.
107
What legislation permits Money Attachment and when is it not permissable to execute?
Bankruptcy and diligence etc (Scotland) act 2007,
Sunday, Bank Holiday, before 8am after 8pm.
108
What is the maximum time prior to executing an attachment on an individual that a Debt Advice and Information Pack can be intimated?
No earlier than 12 weeks before.
109
Within how many days of intimation and advertisement may a person wishing to object to an application for a Commission as a Sheriff Officer lodge answers?
Thirty days.
110
Name six extra official functions that a Sheriff Officer may not undertake, please quote the Statutory Authority,
Act of sederunt (messengers-at-arms and sheriff officers rules) 1991
MP, Solicitor, advocate, house factor, auctioneer, policeman, money lender.
111
What is the minimum amount which must be owed by the debtor in;
A) A debtor's application for sequestration
B) a petition by a qualified creditor for the debtor's sequestration.
A) 1500
B)5000
112
Within what time period after the constitution of apparent insolvency must a petition for sequestration of the estate of a living debtor be presented by a qualified creditor?
4 months
113
What is the current level of protected minimum balance in respect of an arrestment and in what circumstances does the protected minimum balance in respect of an arrestment have effect?
1000, when the funds are held in a bank and the defender is an individual.
114
In terms of which legislation would a Summary Warrant be raised in respect of:
A) council tax
B) non-domestic rates
C) income tax
A) Local Government Finance Act 1992
B) Local Government (scotland) act 1947
C) Finance act 2008
115
What form does a Charge for Payment take in relation to a debt contained within a Liability Order and where would you find it?
Form 4, Act of sederunt (child support rules) 1993
116
What form does a Charge for Payment take in relation to a debt contained within a Liability Order and where would you find it?
Form 4, Act of sederunt (child support rules) 1993
117
In what circumstances could a Sheriff Officer include an additional 30% in the fee for service of an Initial Writ?
Remote rural service.
118
Explain the following terms:
A) specification of documents
B) fund in medio
A) Documents that need to be recovered or shared
B) Action of Multiple Poinding
119
In a Simple Procedure Claim, to what do the following Forms relate:
A) Form 3D
B) 20D
C) 13A
A) timetable
B) Arrestment notice
C) decision form.
120
If funds are attached by way of Arrestment how long does the arrestee have to notify the creditor.
Three weeks.
121
What is the minimum sum required to be due by a Limited Company before a creditor can serve a Statutory Demand for payment?
750
122
When effecting service of a Claim Form on an individual, please detail all valid modes of service and additional requirements when it is formally served by a Sheriff Officer?
Personal, Leaving with a resident or employee at the respondents place of business, leaving in a way as to be noticeable, depositing after diligent enquiries,
Post copy sent if not left or personal,
Conformation of formal service in a 6C returned within 7 days of service.
123
Is it competent to effect formal service by email.?
Yes
124
What type of action would prepare Forms G7C in terms of the ordinary cause rules?
Intimation of Minute, hearing fixed.
125
In the table of fees what surcharge may be levied in serving an Initial Writ where the value of the action is over 100,000
0.01%
126
Please detail all sums recoverable by an Earnings Arrestment?
Principle sum, interest due, expenses awarded, fee for execution, fee for charge of payment
127
Are the following considered earnings?
A) Holiday pay
B) Christmas bonus
A) Y
B) Y
128
What are not considered earnings?
Disability pension, armed forces wages, occupational pension, minimum pension, redundancy payment.
129
A debtor has an Earnings Arrestment in place with his employer. The employer then receives a Current Maintenance Arrestment in respect of the debtor. Quoting statutory authority, what should the employer do?
As per the Debtors (Scotland) act 1987 one of each, earnings arrestment and current maintenance arrestment can run concurrently, the employer should consult the diligence against earnings (variation) (scotland) regulations 2023 and proceed.
130
In relation to an Ordinary Cause Action what are the following forms?
A) H2
B) Form 49.11-H
C) Form 1 of the AoS (Money Attachment Rules) 2009
A) Notice of removal
B) certificate of Arrestment on the Dependence in an Admiralty Action.
C) schedule of money attachment.
131
What is the period of notice to report a Money Attachment?
14 days
132
On an individual, within what period must a DAIP be provided prior to service of the following ;
A) charge for payment
B) earnings arrestment
C) money attachment
D) inhibition
A) at time of service
B) no earlier than 12 weeks before
C) no earlier than 12 weeks before
D) at time of service
133
What must be returned to court after a simple procedure arrestment on the dependence has been served and by when?
A confirmation of formal service of Arrestment in form 20E within 7 days of execution.
134
What is the prescriptive period for a charge for payment? Include authority.
20 years, prescription and limitation (scotland) act 1973.
135
With reference to authority when can a Simple Procedure Decision be enforced.
Act of Sederunt (Simple Procedure) 2016, 28 day from sent date.
136
Who is advocate general for Scotland?
Catherine Smith
137
Who is solicitor general?
Ruth Charteris
138
Who is Lord Advocate?
Dorothy Bain.
139
Who is the Lord Lyon?
Joseph Morrow.
140
Name all the sheriffdoms in Scotland?
Edinburgh Lothian and Borders, Glasgow and Strathkelvin, North Strathclyde, South Strathclyde Dumfries and Galloway, Tayside Central and Fife, Grampian Highlands and Islands.
141
What is Diligence on Dependence?
Diligence that is carried out before the raising of an action to secure a creditors position.
142
Are deductions from an Earnings Arrestment gross or net?
Net
143
Before executing an attachment in execution on an individual, what is the period of notice must a Debt Advice & Information Package be served an what is the authority.?
No earlier than 12 weeks before, Debt arrangement and attachment (scotland) act 2002
144
Which body has the authority to introduce a change in court rules?
Scottish civil justice Council.
145
When must an Officer of Court produce their Identity Card and where would one find the authority?
Only when asked to produce it, Debtors (scotland) act 1987.
146
Does a Sheriff Officer have the authority to amend a Charge for Payment schedule and if so what is the authority?
Yes, Debtors (scotland) act 1987.
147
What is the period of notice for opposing a ;
A) Minute
B) Motion
A) 14 days
B) 7 days.
148
Within what time period prior to the presentation of a petition for sequestration must a debtor be provided with a Debt Advice and Information Package?
Not less than 14 days and not more than 12 weeks.
149
What is the prescribed form for a Third Party Notice in an Ordinary Cause Action and within what time period is it required to be served?
Form O10, 14 days from order granting service.
150
In an Ordinary Cause to whom would the following forms be intimated upon?
A) F1
B) F2
A) children or next of kin
B) alleged adulterer (paramoor)
151
Please explain the following term- Ad Factum Praestandum.
Decree pronounced for the performance of a specific act.
152
What is the form number for the schedule of earnings arrestment and what additional document must accompany the form when serving an earnings arrestment?
Form 30, section 49.1 to 49.6 of the Debtors (Scotland) act 1987
153
Give three examples of when an Inhibition shall cease to have effect?
5 years from the date of registration,
If the debt is paid in full, including expenses of execution and discharge or inhibition,
If someone acquires the inhibited property in good faith.
154
You have been asked to execute an arrestment on the dependence prior to service of the Initial Writ, within how many days after the execution of the Arrestment on the Dependence must you serve the Initial Writ, and what would be the implications for failure to have the initial writ served within this time period?
21 days, the interim diligence would cease to have effect.
155
When shall an Inhibition take effect?
Inhibition starts on the day it is registered unless pre registered then it begins on the day the schedule is served, must be served within 21 days of pre registration
156
What documents must be lodged when registering an Inhibition?
A copy of the Inhibition and a certificate of execution.
157
What are the three official functions of a Sheriff Officer.
1. Collect any debt constituted by decree or summary warrant
2. Execute diligence
3. Execute a citation or serve any document required under any legal process.
158
In respect of an Ordinary Cause Initial Writ for divorce on the grounds of one year's non cohabitation, specify all forms you would prepare for service along with the Initial Writ?
F15, F26, F21
159
In which legislation would you locate :
A) the period of notice in respect for a charge for removing?
B) the modes of service in respect of a Petition for Sequestration of an individual?
C) the prescription period in respect of an Arrestment for Execution.
A) Bankruptcy and diligence etc (Scotland) act 2007
B) Act of sederunt (Sheriff court bankruptcy rules) 2016
C) Debtors (Scotland) 1987
160
Within what time limit must an application for a Payment Order be made in respect of a Money Attachment
14 days from date of reporting.
161
By virtue of section 123 of the Insolvency act 1986, name 3 circumstances where a company is deemed unable to pay it's debts?
If a debt is over 750, and a Statutory Demand has been served by leaving at registered office, demanding payment within three weeks,
If the induciae of a Charge for Payment has expired without payment,
If it has been proved to the court that a company cannot fulfil it's liabilities as they fall due.
162
List three grounds of apparent insolvency
1. A debtor grants a trust deed
2. The induciae of a Charge for Payment expire without payment
3. Debt being paid by a debt payment programme and the programme is revoked.
163
What is Specification of Documents
A document listing documents that one party wishes to recover from another.
Documents that need to be shared with the court.
164
When does an Ordinary Cause decree prescribe and what is the authority?
20 years, Prescription and Limitations (Scotland) act 1973
165
With reference to the Ordinary Cause Rules, explain what the following forms are ;
A) G6
B) G8
C) G10
A) Form of Motion
B) Certificate of Intimation
C) Intimation to a party who's solicitor has withdrawn.
166
Name four types of action that can be raised as summary cause.
Actions against unnamed occupiers, actions of multiple poinding, actions of furthcoming, Incidental Applications.
