Thread: Inland Revenue: Recall of Scottish Decree

Originally Posted by martinkeatings1

Most people believe that a recall of decree can only be obtained within 14 days of the decree being placed against a defender; however, this common misconception was challenged last week against the Inland Revenue at Dunfermline Sheriff Court by Martin Keatings.

Martin, I thought this was common knowledge....

Taken from the National Debtline website:

When can I apply for a recall?
You can only apply for a 'minute for recall' in the following circumstances.

-Within 14 days of the service of a 'charge for payment' which can be done after the decree is made is against you. This is the first stage in the formal debt enforcement process known as diligence.
- Within 14 days of the service of an 'arrestment' under diligence.

If no charge for payment has been served, it is possible to recall a decree years later. There are no other time limits provided you are the 'defender' in the case.

Thoughts?