Attachment in Scottish civil litigation
Produced in partnership with Julie Hamilton of MacRoberts LLP
Attachment in Scottish civil litigation

The following Dispute Resolution guidance note Produced in partnership with Julie Hamilton of MacRoberts LLP provides comprehensive and up to date legal information covering:

  • Attachment in Scottish civil litigation
  • Attachment—nature and purpose
  • Articles exempt from attachment
  • Presumption of ownership in attachment
  • Attachment procedure or ‘executing the attachment’
  • Removal of attached items
  • Unlawful acts after attachment
  • Public auction of attached articles
  • Attached articles owned in common
  • Exceptional attachment orders
  • more

This Practice Note considers the position in Scotland. For guidance on:

  1. the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales

  2. cross-border enforcement, see: Cross border enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of cross–border enforcement

  3. other key areas of Scottish law and procedure, see our Scotland toolkit

This Practice Note does not cover land attachment or residual attachment, both introduced by the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007) and neither of which are in force yet. For further guidance, see Practice Note: Adjudication for debt in Scottish civil litigation—anticipated future developments.

Key:

  1. DAA(S)A 2002—Debt Arrangement and Attachment (Scotland) Act 2002

Attachment—nature and purpose

Attachment was introduced by the Debt Arrangement and Attachment (Scotland) Act 2002 (DAA(S)A 2002) to replace poindings and warrant sales.

It can be used to seek to enforce a debt due by an individual or a company.

The purpose of attachment is to enforce payment of a debt by means of valuing, removing and selling the debtor’s corporeal moveable property (ie physical property other than that related to land or buildings, which can be moved eg goods, equipment, assets