Duhaime's Law Dictionary


Arrestment Definition:

Scots law: the seizure of monies owned by a debtor but held by a third-party.

Related Terms: Inhibition, Arrest (Maritime Law), Arrest

flag of Scotland

"Arresting a debtor's fund held by a third-party such as a bank."

That summary is from White and Willock.

Enid Marshall described arrestment as follows:

"This is the form of diligence which is appropriate where the moveable property to be attached is in the hands of a third-party (i.e. someone other than the debtor or the creditor) who is under an obligation to account for it to the debtor.

"The effect of the arrestment is to prohibit the arrestee (the third party) from parting with the property."

REFERENCES:

  • Marshall, Enid, General Principles of Scots Law, 6th Edition (Edinburgh: Sweet & Maxwell, 1995), page 67
  • White, Robin and Willock, Ian, The Scottish Legal System, 2nd Ed. (Edinburgh: Butterworths, 1999), page 75.

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