INHIBITION

It is possible to prevent a debtor from disposing of heritable property until the debt is repaid. The process is known as Inhibition. The inhibition can be taken out once decree has been obtained or, in certain circumstances it can be taken out beforehand.

The law was changed in relation to pre-decree inhibitions in 2008. The result has been a shambles. The process now involves at least one hearing. In some sheriff courts it can result in more than one hearing. The debtor can also come along at any time and persuade the court to recall the inhibition. So pre-decree inhibitions (or inhibitions on the dependence as they are more formally known) are time consuming, expensive and can be recalled on submission from the debtor. On the other hand it may result in payment of the debt that much sooner.

Post decree inhibitions are much simpler. The warrant granted by the court on granting decree allows us to inhibit by simply instructing sheriff officers to serve an inhibition on the debtor. The evidence that the inhibition has been served is then recorded. The inhibition remains in place for a period of five years.

Given the certainty with regards to post decree inhibitions we can carry these out for a fixed cost. Pre decree inhibitions must be charged for according to circumstances.