Interim attachment is a new diligence commenced on 1 April 2008. Part 7 of the 2007 Act inserts Part 1A into the Debt Arrangement and Attachment (Scotland) Act 2002. It protects the interests of creditors pending the issue of a decree by enabling them to attach a debtor's tangible assets on the dependence of a court action.
The scope of interim attachment is limited and excludes articles specified in section 11 of the 2002 Act as well as articles within a dwelling house, perishable items and certain items connected to the trade of the debtor.
This interim diligence does not, when a decree is granted, allow the creditor to take immediate action to dispose of the items attached. A further valuation and attachment must be carried out prior to a creditor taking action to realise the value of goods.