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Inland Revenue: Recall of Scottish Decree

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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.



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