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JGM, Solicitor
Category: Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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If a company sues me successfully can the company or a court

Customer Question

If a company sues me successfully can the company or a court gain access to my pension
and income from social security benefits to settle the award given I have no house or
realisable assets of any value. I live in Scotland.
Submitted: 11 months ago.
Category: Law
Expert:  JGM replied 11 months ago.

Thank you for your question. I am a solicitor in Scotland. The answer to your question is no. State benefits and pensions are exempt from diligence, which is the term used in Scotland for enforcement of a court decree or order. If an attempt is made to arrest your bank account and the money in the account is wholly or mainly comprised of benefits then you can insist that the sheriff officers remove the arrestment. If they don't they are in breach of their duty to the court. I hope that helps. Please leave a positive rating so that I am credited for my time.