Debtors (Scotland) Act 1987

101

It shall not be competent for a creditor to bring an action of adjudication for debt (other than an action under section 23(5) of the M1Conveyancing (Scotland) Act 1924) to enforce a debt payable under a liquid document of debt unless—

(a)the debt has been constituted by decree; or

(b)the debt is a debitum fundi; or

(c)the document of debt or, if the document is a bill of exchange or a promissory note, a protest of the bill or note, has been registered for execution in the Books of Council and Session or in sheriff court books.

Marginal Citations