Exceptional Attachment Order

Question 1

Form is used by creditor to apply for an exceptional attachment order?

Answer 1

Form 22

Question 2

After an application for an exceptional attachment order, what must the sheriff clerk do?

Answer 2

Fix a date for hearing
Grant warrant for intimation
Intimate application and warrant to debtor with;
- form of service in Form 23
- copy of Form 24
- complete a certificate of intimation

Question 3

Period of notice when date fixed for hearing?

Answer 3

No earlier than 21 days after date hearing was fixed.

Question 4

Declaration of financial circumstances and period of notice?

Answer 4

Form 24 and no later than 10 days before hearing is to take place.

Question 5

What form does the sheriff clerk intimate to the debtor when making an exceptional attachment order?

Answer 5

Form 25

Question 6

What three things must happen or be possible for the sheriff to grant an exceptional attachment order?

Answer 6

That the creditor has taken all reasonable steps to negotiate settlement
That the creditor has executed or attempted to execute;
- an arrestment and action of forthcoming or sale; and
- an earnings arrestment
That there is reasonable prospect that the auction of articles will be;
- reasonable estimate of chargeable expenses
- come to the value of £100

Question 7

What must happen with regards to power of entry?

Answer 7

S.o must serve a notice at least 4 days before intended date of entry
Done by motion

Question 8

Are sentimental articles valid to be attached?

Answer 8

Any article valued over £150 which may be of sentimental value can’t be attached.

Question 9

Can an article be removed on the day of the attachment.

Answer 9

Yes, unless the officer finds it impractical to do so.
If not removed immediately, s.o must give notice to debtor on date arranged for removal of article.

Question 10

When can an article be auctioned?

Answer 10

7 days after it is removed
And debtor can only apply for attachment to cease to have effect within 7 days of it being attached.
Application in Form 28

Question 11

How can a debtor redeem an attached article?

Answer 11

Debtor can redeem article within 7 days of it being attached.
S.o would then grant a receipt in Form 9
Therefore the attachment of the redeemed article ceases to have effect.

Question 12

Which acts govern exceptional attachment orders?

Answer 12

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