Legal Definitions - arrestment

Definition: Arrestment is the act of taking or attaching someone's property to obtain security or to establish jurisdiction. It can also refer to the arrest of a person or personal effects.

• Postjudgment arrestment: This is when property is seized after a judgment has been made against the debtor to ensure that the creditor can collect the debt.
• Arrestment on the dependence: This is when property is seized before a judgment has been made to secure payment of a debt from a debtor who is likely to leave the country to avoid paying.
• Arrestment to found jurisdiction: This is when property is seized to establish legal authority over a debtor who is a foreigner and does not own land in a particular place.

These examples illustrate how arrestment is used in Scots law to help creditors collect debts from debtors who may try to avoid paying. It is a legal process that allows property to be seized to ensure that debts are paid.