Parts 2 and 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 deal with attachment.
Attachment is a form of diligence over the moveable property of a debtor for the recovery of money owed. Attachment prevents a debtor moving attached articles from the place at which they were attached. It involves a sheriff officer attending to value, or arrange for the valuation of, the articles to be attached and making a report of the attachment to the sheriff.
After the report of the attachment has been received by the sheriff, the sheriff officer may remove and make arrangements for the sale of the attached articles.
It is only in exceptional circumstances, and after a creditor has been granted an exceptional attachment order by the sheriff, that articles within the debtor's dwelling house (including a mobile home which is the main debtor's main residence) may be attached.
Previously, certain public creditors pursuing debt by summary warrant were not required to serve a charge for payment before executing attachment and proceeding to sell the attached articles.
An amendment to section 10 of the 2002 Act was commenced on 1 April 2008 and imposes the requirement for a charge for payment following summary warrant prior to attachment.