Part 4Land attachment and residual attachment
Chapter 3Residual attachment
General and miscellaneous
143Expenses of residual attachment
(1)
The expenses incurred by the creditor in executing a residual 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 residual attachment but not by any other legal process.
(3)
Where any expenses such as are referred to in subsection (2) above have not been recovered by the time the residual 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 expenses of service of a charge.
(5)
The court may, if satisfied that the debtor has objected to an application for a satisfaction order on frivolous grounds, award expenses, not exceeding such amount as may be prescribed by the Scottish Ministers by regulations, against the debtor.