| Part of a series on |
| Scots law |
|---|
&sq=Qlik&lang=&file=File:Coat_of_arms_of_the_United_Kingdom_in_Scotland.svg) |
Diligence is a term in Scots Law with no single definition, but is commonly used to describe debt collection and debt recovery proceedings against a debtor by a creditor in Scottish courts.[1] The law of diligence is part of the law of actions in Scots private law.[2] Accordingly, it is within the devolved competence of the Scottish Parliament.[3]
Diligence is usually executed by Sheriff Court officers, but may also be carried out by Messengers-at-arms.
There are many forms of diligence, largely involving creditors and debtors. The newest form of diligence, land attachment, will be introduced into Scots law when Part 4 of the Bankruptcy and Diligence (Scotland) Act 2007 is brought into force.[4]
- ^ Davidson, Fraser (2018). Commercial law in Scotland. Garrity, Denis J., Macgregor, Laura, Richardson, Lorna, MacPherson, Alisdair D. J. (Fifth ed.). Edinburgh. p. 285. ISBN 978-0-414-06564-2. OCLC 1080947651.
{{cite book}}: CS1 maint: location missing publisher (link) - ^ Scotland Act 1998 s.128
- ^ Scotland Act 1998.
- ^ "Bankruptcy and Diligence etc. (Scotland) Act 2007". www.legislation.gov.uk. Retrieved 22 June 2020.