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

Applications for removal of poinded articles

20.—(1) An application by a debtor or the person in possession of poinded articles under section 28(1)(b) of, or paragraph 12(1)(b) of Schedule 5 to, the Act for authority to remove a poinded article shall be in form 14.

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

(a) the name and address of the creditor, the officer of court who executed the poinding and, as appropriate, the debtor or the person having possession of the poinded article;

(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 poinded article to be removed and its present location;

(e) the reasons for seeking removal of the poinded article and the order sought; and

(f) 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 creditor, the officer of court who executed the poinding and, as appropriate, the debtor or any person having possession of the poinded article; and

(d) complete a certificate of intimation.

(4) The officer of court who executed the poinding shall, whether or not he appears to oppose the application, lodge with the court a copy of the poinding schedule before the date fixed for the hearing under paragraph (3)(a) of this rule.

(5) The sheriff clerk shall intimate the sheriff’s decision on such an application to any person to whom intimation of the application was made but who was not present when the application was determined.