Bank Arrestment Scotland: How It Works, Costs and the £1,000 Limit

What Bank Arrestment Means in Practice

Bank arrestment freezes funds in the debtor's bank account up to the total amount owed — the original decree, accrued interest, and enforcement expenses. A Sheriff Officer serves the arrestment schedule on the bank, and the bank immediately holds the attached funds.

It operates as an instantaneous snapshot. The arrestment only catches money sitting in the account at the exact moment the bank receives the schedule. It does not attach future deposits or incoming transfers. If the account is empty when the officer serves the schedule, nothing is frozen.

The £1,000 Protected Minimum Balance

Under Section 73F(3)(a) of the Debtors (Scotland) Act 1987, an individual debtor's personal bank account has a statutory Protected Minimum Balance of £1,000. An arrestment only attaches funds above that threshold.

If the account holds £1,450, exactly £450 is frozen. If it holds £950, nothing is attached at all.

This protection applies to personal accounts held by individuals. It does not extend to corporate bank accounts held by limited companies.

Joint Accounts

A bank arrestment against an individual can be served on a joint account. However, the law presumes that the funds are owned equally by both account holders. The non-debtor can challenge the arrestment in court to prove that some or all of the frozen money belongs to them alone.

What Happens After Funds Are Frozen

The debtor has two options once their funds are frozen:

Sign a mandate. The debtor can authorise the bank to release the frozen funds to the Sheriff Officer immediately. This is the fastest route to resolution.

Wait out the 14-week release period. If the debtor does not sign a mandate and does not lodge a formal objection (Form 32 or Form 33) with the Sheriff Court, the frozen funds are automatically released and transferred to the creditor 14 weeks after the date of service.

If the debtor does object, the court holds a hearing to determine whether the funds should be released, partially released, or returned to the debtor.

What It Costs

Execution of a bank arrestment typically costs between £70 and £120 plus VAT, depending on the Sheriff Officer firm and location. These fees are recoverable from the debtor — they are added to the total balance owed.

You will need to pay the fees upfront to the Sheriff Officer. If the arrestment catches sufficient funds, you recover the fees along with the original debt.

Before You Instruct a Bank Arrestment

You need to know where the debtor banks. Scottish civil procedure does not include a mechanism to compel a debtor to disclose their bank details. You cannot get a court order forcing them to hand over statements.

If you know the bank (from a cheque, a prior transaction, or commercial intelligence), you can instruct the officer to arrest at that specific branch or head office. If you do not, you are guessing — and a failed arrestment still costs you the execution fee.

Checking the Registers of Scotland (Land Register), Companies House, and the Accountant in Bankruptcy registers before instructing enforcement helps you decide whether bank arrestment is the right tool, or whether earnings arrestment or attachment of goods might have better odds.

For a complete comparison of all enforcement tools available after a Simple Procedure decision — including when bank arrestment makes sense versus other options — the enforcement guide walks through each one.

See more Scotland guides →