Possible move (with debt!) to Scotland...

[loofyllis1972]

Have had a bit of a wade through the posts here, as I am currently considering a move to Scotland from the UK.

 

I do have a bit of a debt, one CCJ and several defaults, that will obviously follow me there.

 

The process appears very different however. Can someone explain to me please the main differences between Scots and English Law regarding debt?

 

Have to say, from what I have seen, the Scottish law seems somewhat harsher - the thought of an arrestment of my bank account would be a complete disaster.

 

Thanks for any advice.

[maroondevo52]

Hi,

 

The Civil Jurisdiction & Judgements Act 1982 covers jurisdiction issues in relation to court actions.

For individuals, jurisdiction is based upon where they are 'domiciled'(their place of residence) although there are a few exceptions but these are quite rare.

 

Where a creditor is pursuing an individual for a debt then they should do so at the sheriff court within whose jurisdiction that the debtor resides.

 

To enforce a CCJ in Scotland, the creditor has to register it for enforcement at the Books of Council & Session (Court of Session) which will then give the authority for a Messenger-at Arms (Officer of Court similar to a Sheriff Officer) to serve a Charge for Payment.

 

 

If you could give some detail of your debts and what stage they are at regarding debt collectors ect, it would make it easier for people to advise you.