The following Dispute Resolution practice note Produced in partnership with Julie Hamilton of MacRoberts LLP provides comprehensive and up to date legal information covering:
This Practice Note considers the position in Scotland. For guidance on:
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
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
other key areas of Scottish law and procedure, see our Scotland toolkit
BD(S)A 2007—the Bankruptcy and Diligence (Scotland) Act 2007
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:
the debt is constituted by a decree or document of debt
the debtor has been charged to pay the debt
the period for payment specified in the charge has expired without payment being made, and
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:
kept within a dwelling house, or
in relation to which arrestment is
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