Release of a money attachment

CPAG

Release of a money 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 the 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 »

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Debt Advice Handbook Scotland 1st ed - with new material

Written in partnership with Citizens Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including on interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with bailiffs. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s abilities to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt adviser as a first step in accessing primary legislation and regulations, and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughou

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CPAG

This content was last updated:2024-10-22

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