Newer version available

There is a newer version of this publication available:
Debt Advice Handbook Scotland 1st ed - with new material

Release of money attachment

• Unduly harsh
• Invalidity and cessation of attachment

Unduly harsh

Where the sheriff is satisfied that the money attachment is unduly harsh to the client, the sheriff must make an order that the attachment has ceased to have effect and to return the money attached to the client.1s185 BD(S)A 2007

Applications for release of money where it is considered to be unduly harsh can be made on Form 6.

 

1     s185 BD(S)A 2007 »

Invalidity and cessation of attachment

A client or third party can apply to the court that the attachment is invalid due to the money being owned by a third party.

Before a payment order is made or the money attachment ceases to have effect, where the sheriff is satisfied that any money attached is not owned by the client, they must make an order:1s186 BD(S)A 2007

•declaring that the money attachment ceases to have effect; and
•requiring the officer of court to 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.

Applications for declarations that the money attachment ceases to have effect can be made on Form 7.

 

1     s186 BD(S)A 2007 »