In Scots law, poinding () is that

diligence Diligence—carefulness and persistent effort or work—is one of the seven heavenly virtues. It is indicative of a work ethic, the belief that work is good in itself. In students Bernard et al. suggest that diligence in students is defin ...

whereby a debtor's property is carried directly to a creditor. This type of diligence has now been abolished after the enactment of the

Abolition of Poindings and Warrant Sales Act 2001 The Abolition of Poindings and Warrant Sales Act 2001 was an Act of the Scottish Parliament to abolish the previous practice in which a debtor's goods are priced (poinding) in preparation for the enforced sale of the debtor's possessions (warrant ...

. There were two types of poinding: *''Personal'' - The taking of

movable property property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved fr ...

(e.g., wagons, livestock; but not property such as a house because it is not movable) belonging to the debtor. Plow cattle and tillage instruments cannot be included in times of labour or tilling, unless the debtor has no other movable property to satisfy the debt. ''Personal poinding'' is founded merely on an obligation to pay, all else aside. A relatively low level of

is sufficient to accomplish this (such as

letters of horning Letters of horning ''(Scots law)'': a document (i.e., letters) issued by civil authorities that publicly denounce a person as an outlaw. The document was issued against persons who had not paid their debts. Historically, the documents would be a ...

, or a warrant granted by a sheriff or commissary). *''Real'' - The confiscation of non-movable property (such as land) and the movable property found on it. Every ''debitum fundi'' (a debt using land as

collateral Collateral may refer to: Business and finance * Collateral (finance), a borrower's pledge of specific property to a lender, to secure repayment of a loan * Marketing collateral, in marketing and sales Arts, entertainment, and media * ''Collate ...

) is a foundation for ''real poinding''. It cannot be used against movable property brought onto the land by a stranger, nor against the movable property of a

tenant Tenant may refer to: Real estate *Tenant, the holder of a leasehold estate in real estate *Tenant-in-chief, in feudal land law *Tenement (law), the holder of a legal interest in real estate *Tenant farmer *Anchor tenant, one of the larger stores ...

for more than the value of the tenant's term rent. A relatively high level of

is necessary to accomplish this.

References

Scots law legal terminology United Kingdom contract law Scots civil law {{Scotland-law-stub

See also

References