No Debtor? No Problem. Raising Proceedings Against Absent Debtors With Scottish Heritable Property

Few situations are more frustrating for creditors than discovering that a debtor has simply disappeared. Directors resign without leaving a forwarding address, Companies House records are outdated, correspondence is returned unopened, tracing agents draw a blank, and personal service proves impossible. Yet investigations reveal the debtor owns heritable property in Scotland.

In today's international commercial environment, debtors often move jurisdictions while retaining assets in Scotland. Traditional methods of raising proceedings become difficult, particularly where jurisdiction would normally depend on domicile or residence.

Where the debtor cannot be found, or indeed you know they live somewhere in another jurisdiction, many creditors assume recovery in Scotland ends there. A frequently overlooked jurisdictional route is where a debtor has an interest in immovable property in Scotland.