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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15052
Experience:  30 years as a practising solicitor.
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I have been issued a writ for a decree on a debt. i have

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hi there i have been issued a writ for a decree on a debt. i have until 25th november to respond. i am also seeing a professional debt advisor but im curious if i enter into a formal debt solution will this remove the writ process or will i still have to complete the court process?
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: i have a meeting with an insolvency practioner tomorrow to review options and the writ was served on 5th Nov, so i have taken no formal steps so far.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks

I am a solicitor in Scotland. Thanks for your question. There are three options open to you. The first is to try to continue to service your debts without any intervention. The second is to sign a trust deed with the insolvency practitioner and enter into a debt arrangement. That, if a majority of creditors don’t object, would protect you from individual enforcement of debt. That would include the writ you have been served with. The third option is to declare bankruptcy which would eventually discharge all of your debts. If you own a house or other assets you should be very careful about declaring bankruptcy. The insolvency practitioner will advise you of the best option for your own circumstances. I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today. .

JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 months ago.
ok thanks, if i enter into trust deed or other form such as DAS will that stop the legal action in its tracks?

Once it becomes protected, yes. It is intimated to all creditors and would generally become protected thereafter.