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.