Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
There is a special procedure for the attachment of non-essential articles kept in a dwellinghouse. The procedure, known as exceptional attachment, can only be used in exceptional circumstances.
An exceptional attachment order authorises the attachment, removal and auction of non-essential assets belonging to the debtor and kept in a dwellinghouse. Before granting an order the sheriff will take a number of matters into consideration including the nature of the debt, whether the debtor resides in the dwellinghouse, whether they have had money advice and whether there is, or has been, any agreement between the debtor and creditor for the payment of the debt.
The sheriff will satisfy himself that the creditor has taken reasonable steps to negotiate a settlement of the debt with the debtor. The sheriff will also check that the creditor has already executed or attempted to execute an arrestment and an earnings arrestment and that there is a reasonable prospect that any sums recovered through exceptional attachment would produce the aggregate of chargeable expenses and £100.
Unlike ordinary attachment, articles attached under authority of an exceptional attachment order are removed immediately from the dwellinghouse unless it is impractical to do so. Once removed, attached articles may not be auctioned before 7 days have elapsed from the date of removal. During this 7 day period the debtor may apply to the sheriff for an order that will cease the attachment and return the attached articles to the debtor, if the sheriff considers this appropriate in the circumstances.
The legislation dealing with exceptional attachment can be found in Part 3 of the Debt Arrangement and Attachment (Scotland) Act 2002.
This section of the website is intended to give a broad overview of diligence. It is not a full statement of the law nor does it provide a full description of each of the processes.