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

Damage or destruction of poinded articles

24.—(1) An application under Section 29(2) of, or paragraph 13(2) of Schedule 5 to, the Act for authority to poind another article where a poinded article has been damaged or destroyed or to revalue damaged articles shall be in form 18.

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

(a) the name and address of the debtor;

(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 alleged to have been damaged or destroyed;

(e) where appropriate, the reasons for alleging that the debtor is at fault;

(f) where appropriate, the alleged reduction in value;

(g) the order sought; and

(h) 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, the officer of court who executed the poinding and any other party whom the sheriff may name in the warrant; 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.

(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.