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Bankruptcy and Diligence etc. (Scotland) Act 2007
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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 120 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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120Expenses of land attachmentS
This section has no associated Explanatory Notes
(1)The expenses incurred by the creditor in executing a land attachment are chargeable against the debtor.
(2)Expenses which, in accordance with subsection (1) above, are chargeable against the debtor are recoverable from the debtor by the land attachment but not by any other legal process.
(3)Where any expenses such as are mentioned in subsection (2) above have not been recovered by the time the land attachment is completed, or otherwise ceases to have effect, they cease to be so recoverable.
(4)In subsection (2) above, the reference to expenses does not include a reference to the expenses of service of a charge.
(5)The sheriff may, if satisfied that the debtor has objected on frivolous grounds to—
(a)an application for a warrant for sale; or
(b)an application for a decree of foreclosure,
award expenses, not exceeding such amount as may be prescribed by the Scottish Ministers by regulations, against the debtor.
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