Attachment
Part 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 outlines the attachment of the client’s ‘corporeal moveable property’. This is property which is tangible (corporeal), is not fixed like land or buildings and can be handled and moved (moveable). Therefore, a client’s car can be attached, as well as property within the car. It also includes property that is stored in a garden shed, a lock up or on business premises. A mobile home can be attached unless it is the client’s sole or principal residence.
Property attached can be presumed to be owned by the client or jointly owned by the client and a third party in common with the client.
Property within a dwellinghouse cannot be attached and certain goods are exempt from attachment.
An attachment can only be actioned following the expiry of a charge for payment. The client must be provided with a DAIP which they must receive no later than the service of the charge for payment.