Attachment of Money
Attachment of Money
Part 8 of the Bankruptcy and Diligence (Scotland) Act 2007 comes into force today meaning that creditors will be able to ‘attach’ money, including cash, in certain circumstances. This increases the options open to creditors seeking to enforce payment of a debt.
Previously if a debtor owed money, a decree for payment against them was in place and the debtor had assets which could pay that debt, the creditor could ‘arrest’ money, but only in the hands of a third party, for example if the money was in a bank account. Other options would include ‘attachment’ of items of physical property. However, cash and other forms of money were not covered by either of these enforcement methods and could not be seized to pay the debt. From today, cash and other banking instruments can be utilised for this purpose.
In practice, once a decree for payment is in place, Sheriff Officers will be instructed to serve a Charge on the debtor. If the debtor is an individual they must also be provided with a Debt Advice and Information Pack. Once the Charge has expired, the Sheriff Officers can then take the whole debt out of any cash and/or other banking instruments that they find at the property in a single, unannounced visit, plus any expenses and the costs of the attachment itself. Money which is being kept in someone’s home cannot be attached, but money kept on business premises can be taken.
Inksters has excellent working relationships with sheriff officers throughout the country who can respond to our instructions on debt recovery immediately.
If you wish to discuss the recovery of debts through Inksters, please contact out Gus Macaulay on 0141 229 0880 or at gus@inksters.com.