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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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JGM, What are the time limits within which a solicitor

Resolved Question:

Hello JGM,
What are the time limits within which a solicitor must register an inhibition after decree being granted or a Schedule of Inhibition served?
Where can I find the date of registration?
An inhibition expires after 5 years. Is there a time limit after the inhibition expires within which a creditor must act to renew the inhibition?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
An inhibition can be registered any time after the issue of the extract decree. Sheriff officers would serve the schedule of inhibition and the solicitor would normally register it upon receipt of the execution of service being sent to him by the sheriff officers. That is a matter of good practice. There is no time limit other then to say that the inhibition is of no effect until it is registered.
As regards ***** ***** good practice dictates that it should be renewed to coincide with the expiry so that there is no "gap" in the creditor's security.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Thank you. If the Date of Service of a Schedule of Inhibition –renewing the inhibition - is not the actual date of service e.g. Date of service written on the document is 22/09/2014 but the actual date of service is 22/09/2015, is the document valid and would the schedule of inhibition remain?

Can the creditor pursue the debt by any other means such as an attachment order?

What are the effects if the initial debt plus court costs etc is for less than £3000 but interest on the debt since initial action has increased the debt to much more than £3000.

Expert:  JGM replied 1 year ago.
The date of service would refer to the schedule of inhibition and could not predate it so in practice the Register of Inhibitions would bounce the application for registration.
A decree is warrant for all legal execution so he could pursue by other means.
Interest and expenses continue to accrue until payment so the total cost to th debtor increases.
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