DMBM671120 - Summary warrant: Serving the earnings arrestment schedule
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Action by debt pursuit office
Where you have decided that an earnings arrestment is appropriate you must ensure that<ul><li class="filledcircle">a charge to pay has been served on the debtor (DMBM670330)</li><li class="filledcircle">a 14 day period following the service of the charge has expired without payment being made and</li><li class="filledcircle">a debt advice and information pack (DAIP) was issued to the debtor within the previous 12 week period. If not arrange for to issue a further DAIP by post.</li></ul>Use SW210 letter to instruct the sheriff officer to serve an earnings arrestment on the debtor’semployer.Provide the sheriff officer with as many details as possible including precise details of<ul><li class="dash">the name and address of the employer and</li><li class="dash">the debtor.</li></ul><h2>Action by sheriff officer</h2>On receipt of a request from the debt pursuit office, the sheriff officer will arrange for execution of the arrestment by serving an earnings arrestment schedule (form 30) on the defender’s employer. (»Ê¹ÚÌåÓýapp sheriff officer will obtain the form 30 from the court.) Attached to the schedule will also be a copy of Section 49 of the Debtors (Scotland) Act 1987 which provides the employer with instructions on how to make deductions in accordance with the Tables at Schedule 2 to this Act. »Ê¹ÚÌåÓýapp sheriff officer will also forward a copy of the Tables currently in force to the employer at that time.»Ê¹ÚÌåÓýapp sheriff officer will arrange service of the earnings arrestment schedule on the employer by recorded delivery post wherever possible.