Duhaime's Law Dictionary


Poinding Definition:

Scottish law: The seizure of a judgment debtor's personal property to satisfy the terms of the judgment.

Related Terms: Judgment Debtor, Judgment Creditor, Poinding of the Ground, Inhibition

flag of ScotlandAlso known as personal poinding.

The Law Society of Scotland, circa 1992:

"Poind: to impound a debtor's corporeal moveables in his own hands in execution of diligence as a preliminary to their public sale or adjugment to the creditor in satisfaction of a decree."

In Scots law:

"... the diligence by which moveable property in the possession of the debtor (or something of the creditor) is attached and sold for the creditor's benefit."1

When the object of poinding is real property, it is referred to as poinding of the ground.

As it relates to the enforcement of judgments, poinding is a form of diligence in Scottish law.

Pronounced pinding.

The availability of poinding in Scottish law was limited when the Debt Arrangement and Attachment (Scotland) Act 2002 stated, at §59 that, subject to a few exceptions:

"It is not ... competent to enforce payment of a debt by poinding or warrant sale; and any enactment or rule of law allowing such enforcement shall cease to have effect. "

REFERENCES:

  • Law Society of Scotland, Glossary: Scottish Legal Terms, Latin Maxims and European Community Legal Terms (Edinburgh: Butterworths, 1992), page 65
  • Marshall, Enid, General Principles of Scots Law, 6th Edition (Edinburgh: Sweet & Maxwell, 1995), pages 66-67 [NOTE 1].

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