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Chapter DMBM670480

Document Cited in Related
Vincent
Published date29 April 2016
Record NumberDMBM670480
General

On instructions from you to enforce the summary warrant by way of an attachment the sheriff officer will

  • call to the place at which the article(s) to be attached is/are situated
  • take a witness
  • show to every person present the summary warrant
  • demand payment and if not paid
  • confirm ownership of the article(s) (whether the defender owns the article(s) solely or in common with another person or person(s)).

Note: Whilst a sheriff officer can open “shut and lockfast” premises for the purposes of executing an attachment, because of the adverse publicity this may generate, you should not allow him to do so without you first referring the case to Debt Management Edinburgh Group Office for advice.

Once satisfied that it is in order the sheriff officer will attach the articles by valuing the article(s) at the price they are likely to fetch if sold on the open market.

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Valuation by sheriff officer Schedule of attachment

As soon as the sheriff officer has completed his valuation of the attached goods he must prepare a schedule of the articles attached. Both the sheriff officer and his witness should sign the schedule and a copy of the signed schedule must be handed either to the person in possession of the attached articles or left at the premises.

At the same time the sheriff officer will also advise the defender (debtor) of his right to redeem the article(s).

Professional valuation

Where the article is such...

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