It allows you to put forward, through a trustee of the court, a realistic offer of repayment to creditors, if you have one available.
You will normally be discharged after only 1 year, allowing you to make a fresh start.
Any debt included in the arrangement is written off.
You must have had advice from an Approved Money Advisor.
You may be able to avoid having to sell your home or non-essential assets if your spouse, partner, or relative can buy your share of its value after any debts secured on it have been paid.
There are strict rules about taking out additional credit. Failure to adhere to these could lead to a criminal offence being committed.
During the period of the sequestration, the Trustee has control of your assets and these assets can be sold in order to repay as much of your debt as possible.
You can’t act as a director of a company or be involved in its management unless the court agrees.
Sequestration is registered against your credit file for a minimum of 6 years from when it is first granted and will severely affect your ability to obtain further credit.
There is an application fee of £150.
You may need to make monthly payments for up to 4 years.
Sequestration can have an impact on employment for some people, particularly in heavily regulated industries such as Financial Services and the Legal Sector.
Do I qualify?
To qualify for a Sequestration, you must owe at least £3,000, or more and live in Scotland or have lived in Scotland during the last year. Additionally, you must not have been bankrupt in the last 5 years.
Debt level of £3,000, or more or more
Live in Scotland or have lived in Scotland during the last year
Not have been bankrupt in the last 5 years