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Debt Advice Handbook Scotland 1st ed - with new material

Exceptional attachment
The court may decide that some belongings can be taken and sold to help pay a debt.
When this happens, the sheriff officer might carry out an ‘exceptional attachment’. This means they have permission to enter a home or workplace and take non-essential possessions. They cannot take possessions that are seen as essential for everyday life – eg, clothing, beds, sofas, computers and cookers.1Sch 2 DAS(S)A 2002
A sheriff officer must advise in advance that they are coming to take possessions with an exceptional attachment.
Although they can force entry into a home or workplace, they cannot take anything if nobody is in the property.
They also cannot take anything if there is someone in the property, but they:
    are under 16 years old; or
    cannot speak or understand English; or
    do not understand the situation because of physical or mental disability.
 
1     Sch 2 DAS(S)A 2002 »