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arrestment
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can a sheriff officer take money from my savings account?
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I'm assuming that you're referring to Scottish law.
If so, a court order for arrestment can be made against any of your funds (except where these funds are derived mainly or wholly from social security benefits or tax credits). This obviously includes your savings account. Once an arrestment is made, your bank is obliged to freeze the funds in your account. They may then voluntarily hand them over to the Sheriff. If not, the Sherriff has to return to the court, to seek a 'furthcoming', to force the bank to hand over the funds.
If you enter into a Debt Arrangement Scheme this will cancel any arrestment (i.e. frozen funds become unfrozen) but will not cancel any furthcoming (i.e. if the court has empowered the Sherriff to seize your funds he retains that power of seizure).
Your bank has the right to levy charges against you in respect of processing arrestments and furthcomings (except, once again, where the funds in the account are derived mainly or wholly from social security benefits or tax credits).
Information sources:
http://www.moneyscotland.gov.uk/das/servlet/controller?p _service=Content.show&p_applic=CCC&pContentID=13 0
http://www.govanlc.com/benefits_&_bankarrestment.htm
The first site, above, has some useful links leading to information about dealing with debt.
Chris
If so, a court order for arrestment can be made against any of your funds (except where these funds are derived mainly or wholly from social security benefits or tax credits). This obviously includes your savings account. Once an arrestment is made, your bank is obliged to freeze the funds in your account. They may then voluntarily hand them over to the Sheriff. If not, the Sherriff has to return to the court, to seek a 'furthcoming', to force the bank to hand over the funds.
If you enter into a Debt Arrangement Scheme this will cancel any arrestment (i.e. frozen funds become unfrozen) but will not cancel any furthcoming (i.e. if the court has empowered the Sherriff to seize your funds he retains that power of seizure).
Your bank has the right to levy charges against you in respect of processing arrestments and furthcomings (except, once again, where the funds in the account are derived mainly or wholly from social security benefits or tax credits).
Information sources:
http://www.moneyscotland.gov.uk/das/servlet/controller?p _service=Content.show&p_applic=CCC&pContentID=13 0
http://www.govanlc.com/benefits_&_bankarrestment.htm
The first site, above, has some useful links leading to information about dealing with debt.
Chris
Only 1 answer
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