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Scottish Trust Deed Forum
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Topic starter
31/01/2013 11:23 am
A wee technical question for the DAS experts ( we don't do DAS)
If a creditor petitions for sequestration and there is an award hearing in 3 weeks. If the person applies for DAS and it is registered, will this stop an award of sequestration.
ie Does it kill ALL legal action or just prevent new actions being started?
Thanks
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
31/01/2013 11:43 am
Just checked and it seems to stop new legal action ie petition for sequestration, serve charge for payment etc, but will not, I think,stop the award of sequestration if the action is alraedy underway.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
31/01/2013 12:42 pm
Hi Mark
I believe the debtor (or someone on their behalf) would need to defend the action on the basis of the DAS being set up - the sheriff can refuse to award or continue the case.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
01/02/2013 12:08 am
I agree with Kevin.
The Sheriff can continue the sequestration hearing pending the outcome of the DAS application. Or he/she can award sequestration.
So, the debtor needs to make sure that someone lets the Sheriff know about the DAS application.
If the debtor has only just got in touch with an adviser, three weeks might be a bit of a tight timescale to get the DAS application properly prepared.
It might be an idea to send in an intimation (that the debtor intends to apply for DAS).
I also agree with Mark - the DAS application or intimation only prevents new action. It doesn't put a stop to action which has already started - that's in the hands of the Sheriff in sequestration cases.
