Attachment

Question 1

What legislation governs attachment?

Answer 1

Debt Arrangement and Attachment(Scotland) Act 2002

Act of Sederunt (Debt Arrangement and Attachment(Scotland) Act 2002) 2002

Question 2

When is an attachment available?

Answer 2

When debtor is charged to pay the debt and days in charge expire + DAIP served 12 weeks before executing attachment.

Question 3

What is not competent to attach
Name 3

Answer 3

Tools of trade, books or other equipment for debtors trade not exceeding £1,000
Any vehicle, reasonably required not exceeding in value of £3,000
Mobile home which is debtors only or principle residence
Any tools used for upkeep
Any money

Question 4

When can an attachment not be executed?

Answer 4

Sunday, public holiday
Begin before 8am or after 8pm
Be continued after 8pm unless prior authority granted.

Question 5

Describe presumption of ownership

Answer 5

Officer can execute attachment presuming anything in debtors possession is owned by debtor,
S.o must enquire as to the ownership of items

Question 6

What must an officer do before executing an attachment?

Answer 6

Show every person present the decree/ document of debt

Demand payment of the sum recoverable

Make enquiries as to the ownership of articles

Question 7

What must be done after executing an attachment?

Answer 7

A schedule in Form 3 is completed & signed by s.o and witness

S.o must inform debtor of his rights to redeem articles

Question 8

Report of attachment?

Answer 8

14 days of executing an attachment, the officer must make a report to the sheriff in Form 8

Question 9

What is the debtors rights with regards to redeeming attached articles?

Answer 9

Must be done signing 14 days of the articles being attached.

Articles can’t be re-attached after they have been redeemed

Officer grants receipt in Form 9 after payment of articles

Question 10

Removal of attached articles?

Answer 10

Any article removed can not be auctioned within 7 days of its removal

Officer must give notice in Form 14 as to the date of removal and proposed auction date(no later than 7 days before removal date)

Question 11

What is the period of notice when a new date has been arranged for removal & what must s.o do after an auction?

Answer 11

New date arranged must be no less than 7 days of serving intimation & s.o must make auction report to the sheriff within 14 days of auction in Form 17

Question 12

What happens if articles are not sold at auction?

Answer 12

Ownership passes to creditor and value is deducted from sum recoverable, if creditor does not uplift article within 3 working days, ownership reverts to previous owner

Question 13

Application for release of attached vehicle?

Answer 13

Application in Form 11 must be made within 14 days of vehicle being attached

Question 14

Duration of attachment

Form used to extend attachment

Answer 14

Attachment last for 6 months
or
28 days after attached article is removed

Application in Form 12

Question 15

Articles belong to third party?
Articles in common?

Answer 15

Form 18 & Form 19

Question 16

Expenses chargeable against debtor?

Answer 16

Service of charge
Executing attachment
In granting receipt(if articles redeemed)