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Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

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Agreement on payment, and cancellation or renewal of auction

20.—(1) A report by an officer of court to the sheriff under section 29(3)(a) of any agreement on payment between the creditor and the debtor that results in the cancellation of the arrangements for an auction of attached articles shall be in form 15.

(2) An application by a creditor for an order under section 29(4) that a debtor is in breach of any agreement on payment with the creditor shall be in form 16.

(3) On the lodging of an application under paragraphs (1) or (2) the sheriff clerk shall–

(a)fix a date for a hearing;

(b)grant a warrant for intimation;

(c)intimate the application and warrant to the applicant, the debtor, the officer of court, and any other person having an interest; and

(d)complete a certificate of intimation.

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