When attachment is used
Creditors rarely use attachments for personal debt as they can use other, more effective diligences – eg, bank and wage arrestment. The majority of attachments are executed against businesses but, regardless of whether it is a personal or business debt, the creditor must serve the client with a charge for payment after court action has happened. The charge for payment can only be served by a sheriff officer or messenger-at-arms.
Although summary diligence and summary warrant does not have a traditional court hearing, a charge for payment must still be served before the creditor can execute an attachment.
Times when attachment is not competent
It is not competent to execute an attachment on:
1s12 DAA(S)A 2002•a Sunday; or
•a day which is a public holiday in the area in which the attachment is to be executed; or
•such other day as may be prescribed by Act of Sederunt.
The execution of an attachment cannot begin before 8am or after 8pm or be continued after 8pm, unless the officer has obtained prior authority from the sheriff for such commencement or continuation.