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1. Attachment and exceptional attachment
The Debt Arrangement and Attachment (Scotland) Act 2002 introduced attachment and exceptional attachment to replace diligence of poindings and warrant sales. This ‘new’ diligence contains more protections for clients than the previous diligence, although it still bears many similarities to poindings and warrant sales. An integral part of the legislation is the requirement to provide helpful information to the client before starting this diligence, in the form of a Debt Advice and Information Package (DAIP) and debt advice. The intention is to avoid enforcement where possible.
Attachment and exceptional attachment make up around 1 per cent of all diligences carried out by creditors in Scotland, with non-earning arrestments making up the majority of all diligences carried out by creditors.