On receipt of the earnings arrestment schedule (form 30) from
the sheriff officer the defender’s employer must make
deductions from the defender’s NET earnings on every pay day
starting with the first pay day occurring after seven days of the
lodging of the arrestment.
Where any pay day occurs within this seven day period the employer is entitled but not required to begin deducting. The employer must make the deductions in accordance with the current table as laid down by Schedule 2 of the Debtors (Scotland) Act 1987 and send the sum deducted to you as soon as possible.
With the introduction of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (BaD Act) it is compulsory for the employer to tell us
Issue SW250 letter to the employer to establish
The BaD Act makes it mandatory for a creditor to advise the employer of the balance owed and dates and amounts of payments made by the later of
and then every 6 April thereafter.
Maintain a strict B/F to ensure that
: Any failure to comply with an earnings arrestment must be dealt with as a priority at all stages. This is because if more than one year has passed since the date on which any deduction/payment should have been made then no claim can be made against the employer for recovery of the monies due (Para 69(4) of the Debtors (Scotland) Act 1987 refers).
The Statutory Deductions Tables (as laid down by Schedule 2 of
the Debtors (Scotland) Act 1987) may from time to time be varied by
order of the Lord Advocate. When they are, Debt Management
Edinburgh Group Office will send you a copy of the Statutory
Instrument detailing the new deductions required.
Whenever these Tables are amended you must send a copy of the new Statutory Deductions Tables to the employer together with a (court) form 31 (obtainable from the court). If you do not follow this procedure, the employer is not required to vary the amount being deducted and so cannot be held liable for failure to do so.
As soon as the debt covered by the earnings arrestment is paid
or otherwise cleared, (by discharge for example), you must notify
the employer in writing. If you do not do so the Department will be
liable to repay the defender any excess deductions made by the
employer plus interest on that sum.
In addition to this the defender may apply to the sheriff for an order requiring the Department to pay him twice the amount of the excess.
You should ensure that any case with an earnings arrestment in force is kept under strict review so that the employer is notified as soon as the total sum covered by the earnings arrestment is cleared.