Challenging an exceptional attachment
An attached article cannot be auctioned after their removal for seven days.
1s55 DAA(S)A 2002 During this seven-day period, the client can challenge an exceptional attachment by applying to the court and asking that attached goods be released, this can be on the following grounds:
•the attachment of an item is not ’competent’. This means that the correct procedures have not been followed and the exceptional attachment order is not valid; or
•an auction of attached items would be ’unduly harsh’; or
•goods are of sentimental value and are worth less than £150; or
•the items were attached at a lot less, or more, than their true market value; or
•the value of the items is less than the likely costs of an auction.
Use Form 28 when challenging an exceptional attachment order.
2Sch 1 App 1 AoS(DAA(S)) 2002An ’appeal’ is possible in respect of any decision in relation to proceedings concerning an exceptional attachment order.
3s57 DAA(S) 2002 This should be made to the sheriff clerk with the leave of the sheriff only on a point of law. The sheriff’s decision on appeal is final.