Arrestment, in

Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...

, is the process by which a

creditor A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...

detains the

goods In economics, goods are items that satisfy human wants and provide utility, for example, to a consumer making a purchase of a satisfying product. A common distinction is made between goods which are transferable, and services, which are not tran ...

effects Effect may refer to: * A result or change of something ** List of effects ** Cause and effect, an idiom describing causality Pharmacy and pharmacology * Drug effect, a change resulting from the administration of a drug ** Therapeutic effect, a ...

of his

debtor A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this ...

in the hands of third parties till the debt due to him shall be paid. It is divided into several kinds: # ''Arrestment in security'', used when proceedings are commencing, or in other circumstances where a claim may become, but is not yet, enforceable # ''Arrestment in execution'', following on the

decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...

of a court, or on a registered document, under a clause or statutory power of registration, according to the custom of Scotland. # ''Arrestment of a ship'', for a maritime claim; if the debtor fears a ship will leave harbour, he can apply for a warrant to dismantle the ship. By the process of arrestment the property covered is merely retained in place; to realize it for the satisfaction of the creditor's claim a further proceeding called "forthcoming" is necessary. By old practice, funds necessary for survival were not liable to arrestment. By the Wages Arrestment Limitation (Scotland) Act 1870, the wages of all labourers, farm-servants, manufacturers, artificers and work-people are, with some exceptions, not arrestable.

References

Scots law {{Scots-law-stub