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Bankruptcy and Diligence etc. (Scotland) Act 2007

Section 140 – Recall

403.This section provides for the court’s powers to recall or restrict a residual attachment.

404.Subsections (1) and (2) provide that the debtor or any other person having an interest may apply to the court for an order recalling or restricting the residual attachment. The application must be in the form prescribed in rules of court and be notified to the creditor.

405.Subsection (3) provides that the court, if satisfied that a residual attachment is invalid, has been carried out incompetently or irregularly or that it has ceased to be in force, may make an order recalling the residual attachment. Subsection (4) provides that, where the court is satisfied that significantly more property is attached than need be and it is reasonable to do so, it may make an order restricting the effect of the residual attachment to only that part of the property to which it relates.

406.Subsection (5) provides that an order for recall or restriction must be in the form prescribed by rules of court.

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