Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

Applications for extension of period of poindings

19.—(1) An application by a creditor or an officer of court under section 27(2) or (3) of, or paragraph 11(2) or (3) of Schedule 5 to, the Act for an extension of the duration of a poinding shall be in form 13.

(2) An application to which paragraph (1) of this rule applies shall specify—

(a) the name and address of the debtor, and where appropriate, the creditor and the officer of court who executed the poinding;

(b) the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

(c) the date and place of execution of the poinding;

(d) the period of extension sought;

(e) the reasons for making the application; and

(f) where appropriate, any competent crave for expenses.

(3) On the lodging of such an application the sheriff clerk shall—

(a) fix a date for a hearing;

(b) obtain from the sheriff a warrant for intimation;

(c) intimate the application and warrant to the applicant, the debtor and, where appropriate, the officer of court who executed the poinding; and

(d) complete a certificate of intimation.

(4) The officer of court who executed the poinding shall lodge with the court a copy of the poinding schedule before the date fixed for the hearing under paragraph (3)(a) of this rule.