What is an Attachment?
An attachment is a form of diligence which can be used to recover monies owed in terms of a court judgment (known as a decree in most court actions, or decision form in Simple Procedure actions).
It is a means by which certain goods belonging to the debtor (i.e. moveable property outwith the debtor’s residence) can be removed and sold at auction. Attachments on individuals are subject to a number of restrictions.
When can an Attachment be used?
Attachments are an option in respect of enforcement of judgments against both individuals and companies. A Charge for Payment must be served and have expired before any attempt is made to enforce a judgment by ‘attaching’ goods.
The ‘mechanics’
An attachment would be served by Sheriff Officer (usually) or Messengers-at-Arms on the debtor(s).
Once the attachment has been successfully served and 14 days have elapsed - without challenge by the debtor - the Sheriff Officers will send their report to the Sheriff Court and the ‘attached’ goods will subsequently be removed for sale at auction. The sums obtained at auction will be used to pay the Sheriff Officers’ fees and outlays, with the balance remaining thereafter being applied to the sums due in terms of the judgment.
What can be recovered by Attachment?
In relation to an individual, goods outside the debtor’s home – such as vehicles – may be capable of being ‘attached’. In the case of vehicles, they must be free from finance and be valued above a certain, minimum sum.
A list of goods that cannot be attached can be found within Section 11 of the Debt Arrangement and Attachment (Scotland) Act 2002. This list includes, for example, tools required by the debtor for their profession and mobile homes used as the debtor’s main residence.
The debt recoverable by an attachment includes the sum specified in the relevant court judgement plus interest and expenses incurred in relation to the attachment and the Charge for Payment which preceded it.
Our experienced team can advise you on attachments and other enforcement options which may be available to you.
