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Bankruptcy and Diligence etc. (Scotland) Act 2007

Payments to account and expenses
Section 119 – Ascription

353.This section provides that, where any sums are recovered by land attachment or are paid by the debtor while the attachment is in force, those sums will be ascribed to the following heads of claim in the following order—

  • the expenses of the land attachment chargeable against the debtor;

  • interest on the debt due as at the date the notice of land attachment was registered;

  • the debt due and any interest on it which has accrued since the registration of the notice.

Section 120 – Expenses of land attachment

354.Section 120 provides that the expenses incurred by the creditor in carrying out the land attachment will be chargeable against the debtor and can be recovered only by the land attachment itself and not by any other legal process. Any expenses not recovered by the time the land attachment is completed will cease to be chargeable against the debtor.

355.Subsection (5) gives the sheriff power, if satisfied that the debtor has objected on frivolous grounds to an application for a warrant for sale or for decree of foreclosure, to award expenses against the debtor not exceeding an amount prescribed by the Scottish Ministers by regulations (such regulations are subject to negative resolution procedure (see section 224(3)). Expenses awarded under subsection (5) do not cease to be chargeable against the debtor if not recovered by the time the land attachment is completed.

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