How long an attachment lasts
As a general rule, attachments cease if it has been six months since the sheriff officers executed that attachment or if sheriff officers have already removed the attached goods.
1s24 DAA(S)A 2002 Then, if the goods have not been auctioned after 28 days, the attachments cease and if the goods have been removed, they are returned to the client.
The auction of the attached goods may be cancelled to allow the sums recoverable to be paid in accordance with an agreement between the creditor and the client. A sheriff officer cannot cancel the arrangements for such an auction on more than two occasions.
The auction
Generally, an auction is ‘a public auction’ unless it is impractical to do so. It should be held within 28 days of the goods being removed from the client’s address.
2s24 DAA(S)A 2002 If this does not happen, the attachment ceases to be valid and the goods are returned to the client.
The sheriff officer and a witness must attend the auction. When the goods are sold, the sheriff officer can take their fees and outlays from the monies ingathered. The rest goes to the creditor and any amount over the debt total is returned to the client.
The creditor, a third party or the client can bid for the attached goods at auction.
The sheriff officer must send the court a report within 14 days of the auction outlining the outcome of the same.
3s32 DAA(S)A 2002