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

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 etc (Scotland) Act 2007
  • When is money attachment competent?
  • Presumption of ownership
  • Receipt of money to creditor
  • Termination

Money attachment in Scottish civil litigation

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

  1. other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation which, in turn, links through to detailed guidance on a number of forms of diligence available in Scotland

  2. 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

  3. cross-border enforcement, see: Cross border enforcement (UK regime)—overview, Cross border enforcement (EU regime)—overview and Cross border enforcement (International regimes)—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of cross-border enforcement

  4. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

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

Key:

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

Money attachment—nature and purpose

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

Pursuant to BD(S)A 2007, s 174(2), a money attachment is competent to enforce payment

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