Schedule and report
Sheriff officers must serve on the client a ’schedule of money attachment’ and make a report of the attachment. The schedule must be signed by the officer of court (sheriff officer or messenger-at-arms) and specify the value of the money attached.1s179(2) and (3) BD(S)A 2007 A report should then be made to the sheriff 14 days after the attachment,2s182(3) BD(S)A 2007 and a copy given to the client and the creditor.3s182(4) BD(S)A 2007 The sheriff can refuse to receive the report if it has not been duly signed within the relevant time period (14 days).
The creditor can then apply to the sheriff to make a payment order releasing the funds to them.
Where the application is opposed, the sheriff allows all parties to make representations or holds a hearing.
The client or a third party who claims ownership (whether solely or in common with the client) of any of the money attached may oppose the application.
This must be made before the expiry of the period of 14 days beginning with the day on which the application is made.4s183(7)(b) BD(S)A 2007 If the sheriff agrees with the client, they can make an order declaring that the money attachment ceases to have effect and requiring the return the money attached or, where the value of any such money has been realised, a sum equivalent to that value, to the client (or the person whose money it is).5ss183(11) BD(S)A 2007 A money attachment ceases to have effect on the expiry of the period of 14 days beginning with the day on which the report of money attachment is made unless, within that period, the creditor applies for a payment order.6s187(1) BD(S)A 2007