How the attachment is carried out
After the expiry of a charge for payment, the creditor can instruct sheriff officers to carry out an attachment. When the sheriff officers arrive at the client’s property, they can open shut and lockfast doors – eg, a garage door or business premises doors. They then complete an attachment schedule: this shows all the property that has been attached and the value of the goods attached. A copy of the schedule is given to the client. The sheriff officer does not remove the property immediately unless they have a court order allowing them to do so.
The sheriff officer must then report the attachment to the sheriff court within 14 days of it being carried out.
1s17 DAA(S)A 2002 After the report is received by the sheriff, notice is then given to the client that the attached property will be collected for auction. The sheriff officer is then allowed to come on that day and remove the attached goods, which are sold at auction.
The client has 14 days from the date the attachment was executed to challenge the attachment or redeem their property from the sheriff officer.
2s18 DAA(S)A 2002