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.