A decree is a court decision, which can be a final judgement or an order in a particular case, such as a divorce. When both parties agree to the terms, it is referred to as an agreed or consent decree. Under certain circumstances, a decree can be modified if there is a valid reason. Various types of decrees exist, including custody decrees and decrees of nullity for marriages that were never valid. In Scotland, a decree of forthcoming is a court order that instructs a debtor to surrender their property to the creditor in order to settle a debt.
In Scottish law, a decree of furthcuming is a court order that compels a third party holding a debtor’s property to surrender it to the creditor for the purpose of selling or using it to settle the debt. It is also referred to as a decree of forthcoming. For instance, if an individual owes money to a creditor and has assets in the possession of a third party, such as a bank account or a vehicle, the creditor can obtain a decree of furthcuming to compel the third party to relinquish the property for the purpose of paying off the debt. This type of court order is commonly utilised in debt collection cases and provides a means for creditors to recover the amount owed to them.
A Decree of Furthcuming is a legal document issued by a court that authorizes the sale or transfer of property that is subject to a pending legal action or dispute.
A Decree of Furthcuming is necessary when there is a need to sell or transfer property that is involved in a legal dispute, such as a divorce or probate case, in order to resolve the matter.
To obtain a Decree of Furthcuming, you need to file a motion with the court that has jurisdiction over the legal action or dispute. You will need to provide evidence and arguments supporting the need for the decree.
Yes, a Decree of Furthcuming can be contested by any party involved in the legal action or dispute. They can file an objection with the court, presenting their own evidence and arguments against the issuance of the decree.
Once a Decree of Furthcuming is issued, the property can be sold or transferred as authorized by the court. The proceeds from the sale or transfer are typically held in escrow until the legal action or dispute is resolved.
Yes, a Decree of Furthcuming can be revoked if there is a change in circumstances or if new evidence is presented that warrants the revocation. A party involved in the legal action or dispute can file a motion to revoke the decree with the court.
If a Decree of Furthcuming is violated, the party who violated the decree may face legal consequences, such as fines or other penalties. The court may also take further action to enforce the decree or protect the rights of the parties involved.
Yes, a Decree of Furthcuming can be modified if there is a valid reason to do so. A party involved in the legal action or dispute can file a motion to modify the decree with the court, providing evidence and arguments supporting the need for modification.
A Decree of Furthcuming remains in effect until the legal action or dispute is resolved or until it is revoked or modified by the court. The duration of the decree depends on the specific circumstances of the case.
Yes, you can appeal a Decree of Furthcuming if you believe there was an error in the court’s decision. You will need to file an appeal with the appropriate appellate court within the specified time frame and follow the necessary procedures for the appeal process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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