Part 8Attachment of money

General and miscellaneous

192Procedure where money owned in common is disposed of

1

This section applies where—

a

a third party claimed, before attached money was disposed of, to own the money in common with the debtor;

b

the debtor's interest in the money has not transferred to the third party under section 191(2) of this Act;

c

the money attachment has not, by virtue of an order under section 191(3) of this Act, ceased to have effect in relation to that money;

d

the third party's interest in the money has, on the disposal of the money, been—

i

transferred to another person; or

ii

extinguished by virtue of the disposal; and

e

either—

i

the third party's claim is, after that disposal, admitted by the creditor and the debtor; or

ii

where the third party's claim is not so admitted, the sheriff, on an application by the third party after that disposal, is satisfied that the claim is valid.

2

The creditor must pay to the third party a sum equal to the fraction of the value of the money which corresponded to the third party's interest in it.