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Bankruptcy and Diligence etc. (Scotland) Act 2007
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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 143 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 176(2A) inserted by 2024 asp 9 s. 19(2)
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- s. 176(2A) inserted by 2024 asp 9 s. 19(2)
143Expenses of residual attachmentS
This section has no associated Explanatory Notes
(1)The expenses incurred by the creditor in executing a residual attachment are chargeable against the debtor.
(2)Expenses which, in accordance with subsection (1) above, are chargeable against the debtor are recoverable from the debtor by the residual attachment but not by any other legal process.
(3)Where any expenses such as are referred to in subsection (2) above have not been recovered by the time the residual attachment is completed, or otherwise ceases to have effect, they cease to be so recoverable.
(4)In subsection (2) above, the reference to expenses does not include a reference to expenses of service of a charge.
(5)The court may, if satisfied that the debtor has objected to an application for a satisfaction order on frivolous grounds, award expenses, not exceeding such amount as may be prescribed by the Scottish Ministers by regulations, against the debtor.
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