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.