Money Attachment

Question 1

Acts which govern money attachment?

Answer 1

Bankruptcy and Diligence etc (Scotland) Act 2007
Act of Sederunt (Money Attachment Rules) 2009
Debt Arrangement and Attachment(Scotland) Act 2002

Question 2

Explain when money attachment is available and not available.

Answer 2

Available - debtor charged to pay debt and days in charge expired + no earlier than 12 weeks before money attachment DAIP served.

Not available - money kept within a dwelling house or arrestment is available.

Question 3

When can a money attachment not be executed?

Answer 3

Sunday, public holiday
Before 8 am or after 8pm
Be continued after 8pm unless prior authority granted(application in minute)

Question 4

Can money be re-attached after first attachment ceases to have effect?

Answer 4

No, the same money can’t be attached for the same debt

Question 5

After executing a money attachment, can other money be attached at the same place?

Answer 5

Yes, if the other money has been brought to that place after the first attachment.

Question 6

Total sum recoverable by money attachment?

Answer 6

Sum for payment of charge
Interest after service
All chargeable expenses

Question 7

What must the officer do when currency other than sterling is attached?

Answer 7

Convert cash and take all reasonable steps to get highest conversion rate

Question 8

After executing money attachment what must be done?

Answer 8

S.o completes schedule in Form 1 which specifies money attached and value of money.

Question 9

Report of money attachment?

Answer 9

S.o must before 14 days have passed, make report to sheriff in Form 3.
Report specifies;
-money attached
-value attached
-commission & exchange rate used for currency other than sterling

Question 10

Payment order?

Answer 10

Creditor can apply for payment order, within 14 days of report being made.
Application in Form 4

Question 11

Third party claiming ownership?

Answer 11

Form 5 before expiry of 14 days from day of payment order application.

Question 12

What does a payment order authorise the officer to do?

Answer 12

Realise value of money attached
Dispose of proceeds of money attachment ;
-retaining fees and outlays for officer
-paying creditor
-paying debtor any surplus

Question 13

Release of money where attachment unduly harsh

Answer 13

Application in Form 6

Question 14

Invalidity and cessation of money attachment

Answer 14

Application by debtor or third party in Form 7

Question 15

When does a money attachment cease to have effect? And what is done after?

Answer 15

Expiry of 14 days after report is made unless payment order made within those days
When sum recoverable by money attachment is paid to officer or creditor.

After money attachment expires, officer must return attached money to debtor.

Question 16

Redemption of a banking instrument?

Answer 16

Before expiry of 14 days from when report was made, redeem an attached banking instrument

On payment for banking instrument, Officer grants receipt to debtor in Form 8

Question 17

Final statement of money attachment?

Answer 17

Statement in Form 9, within 14 days of officer making payment to creditor or money being returned to debtor.

Question 18

Money in common ownership

Answer 18

Application in Form 10

Question 19

Expenses chargeable against debtor
Name 4

Answer 19

Serving charge
Executing money attachment
Making report
Granting receipt for banking instruments
Final statement of money attachment