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Debtors (Scotland) Act 1987

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65 Operation of conjoined arrestment order.S

(1)The sheriff may make an order determining any dispute as to the operation of a conjoined arrestment order, on an application by—

(a)the debtor;

(b)a creditor whose debt is being enforced by the order;

(c)the employer; or

(d)the sheriff clerk.

(2)Without prejudice to subsection (6) below, the sheriff, when making an order under subsection (1) above, may order—

(a)the reimbursement of any payment made in the operation of the conjoined arrestment order which ought not to have been made; or

(b)the payment of any sum which ought to have been paid in the operation of the conjoined arrestment order but which has not been paid.

(3)An order under subsection (2) above shall require the person against whom it is made to pay interest on the sum to be paid by him under the order at the specified rate from such date as the sheriff shall specify in the order.

(4)Where an ordinary debt is being enforced by a conjoined arrestment order, the creditor shall, as soon as is reasonably practicable after the debt recoverable has been paid or otherwise extinguished, or the debt has ceased to be enforceable by diligence, intimate that fact to the sheriff clerk.

(5)Where current maintenance is being enforced by a conjoined arrestment order, the creditor shall, as soon as is reasonably practicable after any obligation to pay such maintenance has ceased or has ceased to be enforceable by diligence, intimate that fact to the sheriff clerk.

(6)Any sum received by a creditor under a conjoined arrestment order in respect of—

(a)an ordinary debt, after the debt has been paid or otherwise extinguished or has ceased to be enforceable by diligence; or

(b)current maintenance after the obligation to pay such maintenance has ceased or has ceased to be enforceable by diligence;

shall be recoverable by the sheriff clerk from the creditor with interest on that sum at the specified rate.

(7)Without prejudice to subsection (6) above, where the creditor has failed to comply with subsection (4) or (5) above the sheriff may, on an application by the debtor, make an order requiring the creditor to pay to the debtor an amount not exceeding twice the amount recoverable by the sheriff clerk under subsection (6) above.

(8)Any amount recovered from a creditor by the sheriff clerk under subsection (6) above shall be disbursed by him to the creditors whose debts are being enforced by the conjoined arrestment order in accordance with Schedule 3 to this Act or, if there are no such creditors, shall be paid to the debtor.

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