Check If You Qualify

What is money attachment in Scotland?

Sharon McDougall - Updated - 1st May 2024 - 2 minutes to read

How does a money attachment work?

Money attachment allows a creditor to ‘attach’ (seize) money which is located in a premises owned by the debtor.  Money attachment can only be carried out following a decree issued by the courts. Following this, a creditor may then instruct a Sheriff Officer to search business premises and seize money to satisfy the outstanding debt. Attachment cannot be used to seize money held in a property which is primarily used for residential purposes. Instead this procedure is used to obtain money held in business premises, and is therefore useful when there is a commercial debtor involved. It is most commonly used in retail premises and places such as pubs and restaurants where cash frequently changes hands, and can therefore be found in large amounts.

What is the money attachment process?

For the purposes of a money attachment procedure, money can take the form of cash (in either sterling or foreign denominations), cheques, promissory notes and postal orders. The Sheriff Officer carrying out the attachment has the power to ‘open shut and lockfast places’ in order to perform the search thoroughly. Consequently this means that the Sheriff Officer will be allowed to take money from inside a till or cash register without needing to obtain further permission from the courts.

Scotland Debt Calculator

Get a rough indication of what your repayments might be under each of our different debt solutions.

Your Total Debt

£0 - £5,000

£5,000 - £10,000

£10,000 - £20,000

£20,000+

Your Employment Status

I am employed

I am self-employed

I am unemployed

I am a student

I am retired

Your Total Monthly Income

£0 - £1,000

£1,000 - £2,000

£2,000 - £3,000

£3,000+

What can you pay monthly towards your debt?

£0 - £100

£100 - £200

£200 - £300

£300+

Are there any restrictions on money attachments?

There are some restrictions which must be adhered to by the individual carrying out the visit. Money attachment is not permitted on Sundays or local public holidays, nor is it allowed to take place outside the hours of 8am to 8pm. These time restrictions stand even if the visit has already commenced; in this instance the process must be terminated by 8pm. These times need to be stuck to rigidly unless express permission has been given by the court to the contrary. Consent may be given to operate outside of these hours in the case of, for example, a nightclub, where the operating times of the business are unusual, meaning a visit at 2am may prove to be more fruitful than one taking place at 10am.

It will be presumed that any money found on premises which are owned, occupied or controlled by the debtor, likewise belong to the debtor and will consequently be seized. This can be opposed, but must be done so within 14 days of the attachment taking place. The courts will then make a judgement as to whether to hold up the claim or not.

How does a money attachment benefit creditors?

Money attachment can prove to be a valuable procedure for creditors, in particular landlords as most leases in Scotland, once registered, incorporate what is known as summary diligence. This means that immediate judgment enforcement for unpaid rent is permitted, without having to initiate further court action. Simply all that needs to be done is to pass on the registered lease to a Sheriff Officer who can conduct the money attachment.

If you are struggling with mounting debt, Scotland Debt Solutions can help. From our offices in Aberdeen, Dundee, Edinburgh, Glasgow and Inverness, we provide coverage across the country helping people just like you.

facebook colour icon linkedin colour icon messenger colour icon whatsapp colour icon email colour icon
Sharon McDougall Square

Sharon McDougall

Manager

Other Articles

What to do if you are in debt to Clearpay Stressed woman looking at debt bill

What to do if you are in debt to Clearpay

Clearpay lets you spread the cost of your purchase through 4 instalments, due every 2 weeks. The payment option is available online, through the Clearpay app, and you can also use a digital payment ca...

What to do if you are in debt to PayPal Man holding a credit card

What to do if you are in debt to PayPal

Buy now, pay later (BNPL) services are gaining popularity due to their easy access and flexible repayment options. BNPL is highly appealing as it lets you spread the cost of a purchase, rather than ma...

9 practical tips for cutting your household expenses Household Expenses

9 practical tips for cutting your household expenses

We all want to save on our household bills and have more money in our pocket for the fun things in life. While bills are an unavoidable fact of life, here are some ways you can help to reduce them:

About

Why Choose Us

Usp Discussion

Speak Direct With

A Qualified Adviser

Headset

We Don't Operate

Call Centres

Usp Location

5 Offices in Scotland

National Coverage

Usp House

Ask us About

Home Visits

Usp Award

Fully Regulated Advisors

From a Reputable Firm

Usp Hand Heart

Helping Scots Get

Out of Debt Since 1989

We'll give you a call

Our Scottish based team can help advise you on your debt problems.

Here at Scotland Debt Solutions we take your privacy seriously and will only use your personal information to contact you with regards to your enquiry. We will not use your information for marketing purposes. See our Privacy Policy.

Tools

Useful Tools

Personalised Debt Report
Usp Planner

Personalised Debt Report

Our personalised debt report will help you better understand your financial position and see where your money is going.

Debt Report
Instant Scheduled Call & WhatsApp
Headset

Instant Scheduled Call & WhatsApp

Arrange a call with an expert advisor at a time to suit you or contact our team via WhatsApp for immediate help and advice.

Arrange Callback
Find a Local Office
Usp Signpost

Find a Local Office

We have five offices located across Scotland. Find your nearest one here.

Find an Office

OUR SERVICES

We can help you with...

Sequestration

Sequestration

Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts

Find out More
Trust Deeds in Scotland

Trust Deeds in Scotland

A Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.

Find out More
Debt Arrangement Scheme (DAS)

Debt Arrangement Scheme (DAS)

A Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.

Find out More
Business Debts
Icon Briefcase

Business Debts

Whether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC

Business Debts

Our Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority

Fees and Information: There are fees associated with our services. These will be fully explained before entering into any of the personal debt solutions referred to on this website. Full details of our fees and how these are charged are fully explained to you prior to you committing to any particular service.

ICAS Insolvency Practitioners