Editing Arrestment

{{About|the Scots legal term|process of slowing an aircraft on a carrier|Arresting gear}}
{{Use dmy dates|date=April 2022}}
'''Arrestment''', in [[Scots law]], is the process by which a [[creditor]] detains the [[goods]] or [[Personal property|effects]] of his [[debtor]] in the hands of [[Third-party beneficiary|third parties]] till the debt due to him shall be paid.<ref>{{cite web|title=Arrestment|url=https://en.oxforddictionaries.com/definition/arrestment|archive-url=https://web.archive.org/web/20180324041626/https://en.oxforddictionaries.com/definition/arrestment|url-status=dead|archive-date=24 March 2018|website=Oxford Living Dictionaries|publisher=Oxford University Press|accessdate=23 March 2018}}</ref> 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]] of a court, or on a registered document, under a clause or statutory power of registration, according to the custom of Scotland.<ref name="EB1911">{{EB1911|inline=y|wstitle=Arrestment|volume=2|page=647}}</ref>
# ''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.<ref>{{cite web|last1=MacLean|first1=Duncan|title=Changes to ship arrest law in Scotland|url=http://www.brodies.com/binformed/legal-updates/changes-to-ship-arrest-law-in-scotland|website=Brodies|accessdate=23 March 2018|date=1 July 2010}}</ref>

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.<ref name="EB1911"/>

==References==
{{reflist}}

[[Category:Scots law]]


{{Scots-law-stub}}