Part 8Attachment of money

Release of money attached

186Invalidity and cessation of money attachment

1

Where, at any time before a payment order is made or the money attachment ceases to have effect, the sheriff is satisfied that there has been a material irregularity in the execution of the money attachment, the sheriff must make an order such as is mentioned in subsection (2) below.

2

That order is an order—

a

declaring that the money attachment ceases to have effect; and

b

requiring the F1officer of court to return the money attached or, where the value of any such money has been realised, a sum equivalent to that value, to the debtor or, as the case may be, the person whose money it is.

3

Where, at any time before a payment order is made or the money attachment ceases to have effect, the sheriff is satisfied that any money attached is not owned by the debtor—

a

the sheriff must make an order such as is mentioned in subsection (2) above restricted to that money; and

b

after the order is made, the F2officer of court may attach other money owned by the debtor and kept at the place at which the original money attachment was executed.

4

An order under this section may be made—

a

on the application of—

i

the debtor; or

ii

a third party claiming an interest; or

b

on the sheriff's own initiative.

5

Where such an order is made on the sheriff's own initiative, the sheriff clerk must intimate the order to—

a

the debtor;

b

the creditor;

c

the F3officer of court; and

d

any other person the sheriff thinks has an interest.

6

The sheriff may not make an order under this section without first—

a

giving—

i

the debtor;

ii

the creditor; and

iii

any other person the sheriff thinks has an interest,

an opportunity to make representations; or

b

holding a hearing.

7

The sheriff must give reasons for making, or refusing to make, an order under this section.