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Debt Advice Handbook Scotland 1st ed - with new material

Common ownership

• Invalidity and cessation of money attachment

Where the sheriff is satisfied that money attached is owned in common by the client and a third party, and that the disposal of the money would be unduly harsh to the third party, the sheriff can, on the third party’s application made before the money’s disposal, order that the money attachment is to cease to have effect in relation to that money.1s191 BD(S)A 2007

Applications for release of money where it is owned in common can be made on Form 11.

 

1     s191 BD(S)A 2007 »

Invalidity and cessation of money attachment

Where, at any time before a payment order is made, or the money attachment ceases to have effect, the sheriff is satisfied that there has been a material irregularity in the execution of the money attachment, the sheriff must make an order such as:1s186 BD(S)A 2007

•declaring that the money attachment ceases to have effect; and
•requiring the officer of the 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, as the case may be, the person whose money it is.

 

1     s186 BD(S)A 2007 »