When the court makes an Enforcement Order (EO), it also grants a warrant for civil diligence. This warrant gives the Fine Enforcement Officer the power to carry out the following types of diligence if you default in payment:
- Arrestment of earnings; and
- Arrestment of funds in accounts held at any bank or other financial institution.
The Fine Enforcement Officers' power to carry out these types of diligence is regulated by the Scottish Ministers.
What does "Arrestment of funds Order" mean?
A Fines Enforcement Officer (Fine Enforcement Officer) can arrest funds held by you in any bank or other financial institution (for example, a building society account or shares). The Fine Enforcement Officer does not need your consent to do this. The Fine Enforcement Officer can serve an arrestment on your bank or building society which may result in the funds held in your account being frozen. When this happens, you can sign a voluntaryMandate (Instruction) allowing your bank to release money to the court. The court then pays the money towards your fine.
I only have a joint bank account with my partner, can you apply an Arrestment of Funds Order?
Yes, if you have a joint account, banks can freeze the whole balance. If you require guidance, you can contact the Scottish Citizens Advice Bureau, which helps people resolve their legal, money and other problems by providing free, independent and confidential advice. Contact details are: Telephone - 0131 555 1000 Email -
www.cas.org.uk What if I do not agree to sign the Mandate (instruction) which authorises the release of my funds?
If you refuse to sign a Mandate, the Fine Enforcement Officer may raise an action of Furthcoming. An action of Furthcoming is a court action taken by a person who is owed money called the creditor (Scottish Court Service) against a third party (the bank). If you haven't paid your fine and the bank holds money belonging to you, the court may order the bank to pay your money directly to the Scottish Court Service.
Can I lodge an appeal?
There is no direct appeal to a Arrestment of Funds Order, you may wish to contact your solicitor for guidance. To make contact within the Scottish Court Service, visit the
contacts page. Each Sheriffdom within the Scottish Court Service has a Fines Enforcement Team.