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

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

  • Money attachment in Scottish civil litigation
  • Money attachment—nature and purpose
  • Definition of ‘money’ for the purposes of the Bankruptcy and Diligence Act 2007
  • When is money attachment competent?
  • Presumption of ownership
  • Receipt of money to creditor
  • Termination

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

Key:

  1. BD(S)A 2007—the Bankruptcy and Diligence (Scotland) Act 2007

Money attachment—nature and purpose

BD(S)A 2007, s 174 introduced a form of diligence over ‘money’ (as to which, see below) owned by a debtor, known as ‘money attachment’.

Pursuant to BD(S)A 2007, s 174, a money attachment is competent to enforce payment of a debt, but only if:

  1. the debt is constituted by a decree or document of debt

  2. the debtor has been charged to pay the debt

  3. the period for payment specified in the charge has expired without payment being made, and

  4. where the debtor is an individual, the creditor has, no earlier than 12 weeks before executing the money attachment, provided the debtor with a debt advice and information package

Money attachment is not competent in relation to money:

  1. kept within a dwelling house, or

  2. in relation to which arrestment is

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