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- Can the amount coming out of your wages be reduced?
- Which routes stop an arrestment that is already running?
- What does a statutory moratorium do while you decide?
- Does a Time to Pay Order work against a wage arrestment?
- What rules each route in or out?
- Which route fits which circumstances?
- What does not stop a wage arrestment?
- What should you do this week?
- Related guides
- Frequently asked questions
There is no single best answer, because the routes that displace an arrestment have different debt thresholds, different asset tests and different trigger dates. What decides it is your income, what you own and how much you owe, and an approved money adviser should confirm the answer before you commit.
One thing is settled before the comparison starts. Nothing on this page reduces the deduction itself, because the arithmetic is fixed by statute.
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What the routes below do is displace the arrestment altogether, each on its own date. That distinction is the whole of the decision.
Here is what each route does to deductions already running, what rules each one in or out, and what does not work at all. Our guide to stopping a wage arrestment covers the steps once you have chosen.
Can the amount coming out of your wages be reduced?
No. The deduction is set by a statutory table applied to your net earnings for that pay period, and there is no affordability or hardship route against an earnings arrestment.
The arithmetic is fixed
Net monthly pay of £750.00 or less produces no deduction at all, on the Schedule 2 tables in force since 6 April 2025 under SSI 2024/293. Our wage arrestment calculator runs your own figure and how much they can take sets out the bands.
Your employer applies the table and has no discretion in it. Neither does the creditor.
The only review power, and what it does not contain
Sections 73Q and 73R of the Debtors (Scotland) Act 1987 reach arrestments attaching funds or moveable property, so the unduly harsh route belongs to a bank arrestment. What an unduly harsh application is covers that route properly.
Against an earnings arrestment the only power is section 50, which gives a declarator that the arrestment is invalid or has ceased to have effect, or a determination of a dispute about its operation. Neither limb contains an affordability ground.
Which routes stop an arrestment that is already running?
Four statutory routes displace one: a Time to Pay Order, an approved Debt Payment Programme, a protected trust deed and sequestration, which includes the Minimal Asset Process. Each takes effect on its own date.
Route by route, with the date each one bites
The third column is the part that changes what you should do this month, and none of these dates is the day you sign or the day you first speak to an adviser. The last row is the statutory moratorium, which is cover while you decide rather than a fifth displacing route.
| The route | What happens to the arrestment | When it happens | Where it comes from |
|---|---|---|---|
| A Time to Pay Order | The sheriff shall make an order recalling any existing earnings arrestment | When the sheriff grants the order | s.9(2)(a) of the Debtors (Scotland) Act 1987 |
| An approved Debt Payment Programme | Approval operates as a recall of any arrestment of your income or property, and the Accountant in Bankruptcy sends the recall notice to your employer | Midnight on the day immediately preceding entry of the approval notice in the DAS Register | Regulation 33(1)(a), with regulation 26(2) for the date |
| A protected trust deed | Any earnings arrestment, current maintenance arrestment or conjoined arrestment order ceases to have effect, and no new one may be executed | The date of protection, being the date the Accountant in Bankruptcy registers the deed | s.173 of the Bankruptcy (Scotland) Act 2016 |
| Sequestration, including the Minimal Asset Process | Any existing earnings arrestment ceases to have effect automatically, with no application needed | The date of sequestration, which on your own application is the date of the award | s.72(2) of the Debtors (Scotland) Act 1987 |
| A statutory moratorium | Treated differently in the Accountant in Bankruptcy's adviser guidance from the general statement of the rule, so ask a money adviser to confirm the position on your facts | Protection runs from the day the entry is made in the Register of Insolvencies | ss.195 to 198 of the Bankruptcy (Scotland) Act 2016 |
Two of those rows are covered in full elsewhere. Whether a Debt Arrangement Scheme stops a wage arrestment and whether a trust deed stops one take each mechanism in turn.
Money already taken from your pay
Deductions made before the trigger date are credited against the debt and are not usually refunded. Check the position with the creditor.
Ask the creditor to confirm in writing how the deductions have been applied, and check the running balance against your payslips. A gap between the two is worth raising early.
Sheriff officer expenses and, on a council tax account, the statutory addition made when a summary warrant was granted are part of the balance too. Ask for a breakdown rather than a single figure.
What does a statutory moratorium do while you decide?
A statutory moratorium gives six months of protection and you get one per rolling 12 months. It stops service of a charge for payment, stops new diligence and stops creditor petitions for sequestration.
What it does not do
It does not stop a creditor obtaining a decree, and interest and charges keep accruing throughout.
It is applied for through the Accountant in Bankruptcy, usually by your money adviser, and how a moratorium protects you covers the six months in full.
The point the sources treat differently
Whether a creditor can carry on an earnings arrestment your employer is already operating is treated differently in the Accountant in Bankruptcy’s adviser guidance from the general statement of the rule. Ask a money adviser to confirm the position on your facts before relying on it.
So a moratorium is best treated as cover for getting an application prepared rather than as an answer in itself. The route you use it to reach is what actually displaces the arrestment.
Does a Time to Pay Order work against a wage arrestment?
Where a sheriff makes a Time to Pay Order, section 9(2)(a) requires the sheriff to make an order recalling any existing earnings arrestment. That duty is mandatory rather than discretionary.
What is mandatory and what is not
For an attachment or another arrestment the sheriff only may recall or restrict, under section 9(2)(d) and (e). The earnings arrestment is the one the section deals with in the imperative.
An Order is also competent against a summary warrant, and has been since 1 April 2008. A Time to Pay Direction is not, because a direction responds to a court action and a summary warrant involves none.
The limits, given straight
The debt outstanding has to be £25,000 or less, excluding interest, a figure substituted on 10 July 2000. HMRC and Revenue Scotland debts are excluded, and an Order is not competent once certain diligences are well advanced.
One point is not settled. Section 5(1) applies where a charge for payment has been served, an arrestment executed or an action of adjudication commenced, and whether an earnings arrestment on its own satisfies that has not been resolved.
So do not treat it as an entitlement. A money adviser or the sheriff court can confirm whether an application is competent on your facts.
Get free, confidential help with an arrestment already taking money from your pay
What rules each route in or out?
Debt level and assets do most of the deciding. The thresholds are statutory, so a route is either open to you or it is not.
The thresholds side by side
| The route | The threshold | What rules it out |
|---|---|---|
| A Time to Pay Order | The debt outstanding must be £25,000 or less, excluding interest, a figure substituted on 10 July 2000 | Not competent once certain diligences are well advanced, and HMRC and Revenue Scotland debts are excluded |
| A Debt Payment Programme | No minimum and no maximum debt, and one creditor is enough | You need surplus income, and you cannot apply while party to a protected trust deed, undischarged in sequestration, or subject to a conjoined arrestment order |
| A protected trust deed | Total debts including interest of not less than £5,000 at the date you grant it | Protection is refused where your contributions across the payment period would repay the debt and interest in full |
| Sequestration, full administration | Total debts including interest of not less than £3,000, so £3,000 exactly qualifies | No sequestration award in the past 5 years, and a £150 fee unless you receive qualifying benefits or are assessed as having no surplus income |
| The Minimal Asset Process | No minimum debt since 6 February 2023, and not more than £25,000 in total | Assets of no more than £2,000, no single asset over £1,000, and you must not own land |
The detail behind each row lives on its own page. What the Debt Arrangement Scheme is, what a protected trust deed is and what sequestration is each set out the conditions in full.
Where two routes overlap
Some debt levels qualify for more than one route. A debt of £6,000 with steady income can meet the trust deed floor and the programme test at the same time.
That is where the difference stops being arithmetic. A programme repays in full and is not insolvency, and the other two are formal insolvency recorded on a public register.
Which route fits which circumstances?
Whether your surplus income can clear the debt in a reasonable period is the first question, and what you own is the second. Neither is a matter of preference.
If your income can clear the debt in a reasonable period
A Debt Payment Programme repays everything you owe with interest and charges frozen from the date of the application. There is no statutory maximum length, and the average programme runs about six years.
Where the debt is small and a single creditor is involved, a Time to Pay Order may reach the same place faster. Ask about both in the same conversation.
If it cannot
A protected trust deed and sequestration are the formal insolvency routes, and neither requires you to repay everything. Both appear on the public Register of Insolvencies.
Where you own a home with equity, that is the point to raise first rather than last. It changes the answer more than the debt level does.
Owning land is also an absolute bar on the Minimal Asset Process, and a share counts. So the question of what you own can close a route before the debt level is even reached.
If you have very little
The Minimal Asset Process is the cheapest route and it is free in every case. It needs debts of no more than £25,000, assets of no more than £2,000, no single asset over £1,000 and no ownership of land.
What does not stop a wage arrestment?
An informal arrangement, an affordability argument and any mechanism that belongs to English law. The table names each one so you can rule it out.
The list, and why each fails
| The route or the argument | Why it does not displace an earnings arrestment |
|---|---|
| An informal debt management plan | The Accountant in Bankruptcy classes it among informal solutions that are not legally binding, and it does not stop diligence |
| An unduly harsh application | Sections 73Q and 73R reach funds and moveable property, so they apply to a bank arrestment and not to wages |
| An affordability argument to the sheriff | The only review power against an earnings arrestment is section 50, which carries no affordability or hardship ground |
| An Individual Voluntary Arrangement | A mechanism of the law of England and Wales, with no place in Scots law |
| A Debt Relief Order | Also England and Wales. The Scottish route for someone with very little is the Minimal Asset Process |
| Breathing Space | The England and Wales debt respite scheme. Scotland's equivalent is the statutory moratorium |
An arrestment takes effect when the schedule is served on your employer and runs until the debt is paid or extinguished, your employment ends, or it is recalled or abandoned. Whether an arrestment can be stopped once it has started covers the practical position.
Asking is still worth doing
Section 47(2) brings an arrestment to an end where it has been recalled or abandoned, so putting an offer in writing costs nothing. It is not one of the statutory routes above, and negotiating an arrangement instead sets out how to put it.
Keep the request and the reply. Both are useful later if the figures turn out to be wrong.
What an offer cannot do is change the deduction while the arrestment stands. Your employer applies the statutory table until the arrestment ends or is displaced.
What should you do this week?
Get the numbers in one place and take them to a free approved money adviser. Every route above except a Time to Pay Order has to be lodged by somebody else: an approved money adviser for a programme or a debtor application, and a licensed insolvency practitioner for a trust deed.
What to gather
- Your last three months of payslips or benefit statements.
- A list of every debt, with the creditor and a current balance beside each.
- Any paperwork about the arrestment, and your council’s statement by year if council tax is involved.
- A note of what you own, including any vehicle and its value.
Bring the payslips showing the deduction as well as the balance. The two together are what an adviser needs to test which routes are open.
Who to ask
Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline all give free help. A local authority employee working as a money adviser is one of the approved categories, so ask whether your own council runs a money advice team.
What free debt advice is available sets out who does what, and which of them can lodge an application rather than only explain one.
The regulations behind the programme route are the Debt Arrangement Scheme (Scotland) Regulations 2011, and the insolvency routes sit in the Bankruptcy (Scotland) Act 2016.
Frequently asked questions
What is the best debt solution if you have a wage arrestment?
The one whose thresholds you meet. A Time to Pay Order, an approved Debt Payment Programme, a protected trust deed and sequestration each displace an arrestment, and debt level, income and assets decide which is open to you.
Can a wage arrestment deduction be reduced?
No. The deduction is fixed by the Schedule 2 tables applied to your net earnings for that pay period, and there is no affordability or hardship ground against an earnings arrestment.
Which debt solution stops a wage arrestment fastest?
That depends on your facts rather than on the route, because each one bites on a different date. A Time to Pay Order takes effect when the sheriff grants it, a programme on approval, a trust deed on the date of protection and sequestration on the date of sequestration.
Do you get back money already taken from your wages?
Not usually. Deductions made before the displacing route takes effect are credited against the debt instead, so check the position with the creditor.
Does a debt management plan stop a wage arrestment?
No. The Accountant in Bankruptcy classes a debt management plan among informal solutions that are not legally binding, and diligence can continue while one is running.
Can you use an IVA in Scotland?
No. An IVA belongs to the law of England and Wales, and the Scottish equivalents are a protected trust deed and the Minimal Asset Process.
Do you need a money adviser to apply?
For a Debt Payment Programme, a trust deed and sequestration, yes. A programme application has to be made by an approved money adviser, a trust deed needs a licensed insolvency practitioner, and a debtor application needs money advice and a certificate for sequestration.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline.