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Changes over time for: Section 140
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Status:
Point in time view as at 01/07/2010.
Changes to legislation:
Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 140 is up to date with all changes known to be in force on or before 11 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.
Changes to Legislation
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140RecallS
This section has no associated Explanatory Notes
(1)The debtor or any other person having an interest may apply to the court for an order—
(a)recalling a residual attachment; or
(b)restricting such an attachment.
(2)An application under subsection (1) above must—
(a)be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and
(b)be intimated to the creditor.
(3)The court must, if satisfied that the residual attachment—
(a)is invalid;
(b)has been executed incompetently or irregularly; or
(c)has ceased to have effect,
make an order declaring that to be the case and recalling the residual attachment.
(4)The court may, if satisfied that the residual attachment is valid but—
(a)having regard to the sum recoverable by the residual attachment, that significantly more property is attached than need be; and
(b)that is it reasonable to do so,
make an order restricting the effect of a residual attachment to part only of the property to which it relates.
(5)An order of recall or restriction must be in (or as nearly as may be in) the form prescribed by Act of Sederunt.
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