Part 4

Land attachment and residual attachment
Chapter 3

Residual attachment

Termination, discharge etc. of residual attachment

Recall
140
1
The debtor or any other person having an interest may apply to the court for an order—
a
recalling a residual attachment; or
b
restricting such an attachment.
2
An application under subsection (1) above must—
a
be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and
b
be intimated to the creditor.
3
The court must, if satisfied that the residual attachment—
a
is invalid;
b
has been executed incompetently or irregularly; or
c
has ceased to have effect,
make an order declaring that to be the case and recalling the residual attachment.
4
The court may, if satisfied that the residual attachment is valid but—
a
having regard to the sum recoverable by the residual attachment, that significantly more property is attached than need be; and
b
that is it reasonable to do so,
make an order restricting the effect of a residual attachment to part only of the property to which it relates.
5
An order of recall or restriction must be in (or as nearly as may be in) the form prescribed by Act of Sederunt.