Bankruptcy and Diligence etc. (Scotland) Act 2007

130 Application for residual attachment order S

(1) A creditor may apply to the court for a residual attachment order but only if—

(a) the debt is constituted by a decree or document of debt;

(b) the debtor has been charged to pay the debt;

(c) the period for payment specified in the charge has expired without payment being made; and

(d) where the debtor is an individual, the creditor has, no earlier than 12 weeks before applying for the residual attachment order, provided the debtor with a debt advice and information package.

(2) An application for a residual attachment order, must—

(a) be in (or nearly as may be in) the form prescribed by Act of Sederunt;

(b) specify the property which it is sought to attach;

(c) state—

(i) how, were a satisfaction order made, the value of that property would be realised; and

(ii) that doing so would result in the sum mentioned in section 134(3) of this Act being paid off or reduced; and

(d) be intimated to—

(i) the debtor; and

(ii) any other person having an interest.

(3) A person who receives intimation of the application may, before the expiry of the period of 14 days beginning with the day on which that intimation is made, lodge objections to the application.

Commencement Information

I1 S. 130 partly in force; s. 130 not in force at Royal Assent see s. 227; s. 130(2)(a) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)