Unlawful acts after attachment
After goods have been attached (but not yet removed for auction), it is illegal for the client or any other third party to remove the goods from the place they were attached.
1s21 DAA(S)A 2002 For example, an attached car cannot be moved to another property and kept there as if it was its new address.
The client cannot gift or sell the goods to someone else. They cannot wilfully damage or allow someone else to wilfully damage the goods. Where goods have been removed, gifted or sold to someone else or wilfully damaged, the client or third party that has done so may be guilty of an offence and could be fined or given a custodial sentence by the sheriff. The sheriff may also order a further attachment take place at the client’s property.
If the goods are stolen or damaged in an accident, the client must inform the sheriff officers immediately and provide details of any insurance claims that are being made.