F1PART II POINDINGS AND WARRANT SALES

Annotations:
Amendments (Textual)
F1

Part II (ss. 16-45) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(a) (with ss. 59, 63)

Warrant sales

38 Disposal of proceeds of sale.

The officer of court appointed under section 31(2)(a) of this Act shall dispose of the proceeds of the warrant sale—

a

by paying to the creditor the proceeds so far as necessary to meet the sum recoverable (subject to any agreement between the officer of court and the creditor relating to the fees or outlays of the officer of court) or, if the sheriff so directs, by consigning such proceeds in court; and

b

by paying to the debtor any surplus remaining after the sum recoverable has been paid or, if the debtor cannot be found, by consigning such surplus in court.