What does an arrestment on the dependence do?
Arrestment on the dependence allows the sheriff to grant a warrant to arrest all or part of a debtor’s funds/ assets which are held by a third party pending the outcome of an associated court action, for example a liability order application.
How can arrestment be extinguished by a court?
Arrestment can be extinguished by the court by recall. Loosing of arrestment frees the subject of arrestment but preserves another security for the creditor. Arrestment can take place before an action is served on the defender (called arrestment on the dependence ).
When does arrestment take place in Scotch law?
Arrestment can take place before an action is served on the defender (called arrestment on the dependence ). ARRESTMENT, Scotch law. By this term is sometimes meant the securing of a criminal’s person till trial, or that of a debtor till he give security judicio sisti.
How does an arrestment work in a REM?
Arrestment prohibits the party in whose hands it is laid from parting with the property but does not affect the property. It does not operate IN REM. It can be used to keep the property available in case the debtor does not pay.
How is dependency theory related to underdevelopment?
Dependency Theory This post is a brief summary of the Dependency Theory view of Development and Underdevelopment. It is, broadly speaking, a Marxist theory of development. Strategies for Development This view argues that dependency is not just a phase, but rather a permanent position.
What is the effect of diligence on the dependence?
There are two types of diligence on the dependence, arrestment on the dependence and inhibition on the dependence. Arrestment on the Dependence is available to pursuers in actions for the payment of money. The effect of an arrestment on the dependence is to ‘freeze’ either money or goods which are owed to the defender and are held by a third party.
How does an arrestment relate to the value of goods?
Although the amount of money claimed by the pursuer is stated in the arrestment, the amount of money or the value of the goods frozen is not linked to that amount. The arrestment, therefore, ‘freezes’ all money or goods due to the defender which are held by the third party, the arrestee.