Debtors (Scotland) Act 1987

29 Unlawful acts relating to poinded articles. S

(1) The wilful damage or destruction of poinded articles by—

(a) the debtor; or

(b) any person, other than the creditor or an officer of court, who knows that the articles have been poinded,

shall be a breach of the poinding and may be dealt with as a contempt of court.

(2) Where poinded articles have been damaged or destroyed the sheriff, on an application by the creditor or by the officer of court on his behalf, may—

(a) where the debtor has been at fault, authorise the poinding of other articles belonging to the debtor in the premises in which the original poinding took place; and

(b) in any case, authorise the revaluation of any damaged article in accordance with section 20(4) of this Act.

(3) Where a third party, knowing that an article has been poinded—

(a) wilfully damages or destroys it; or

(b) removes it from premises in breach of a poinding, and—

(i) it is damaged, destroyed, lost or stolen; or

(ii) it is acquired from or through him by another person without knowledge of the poinding and for value,

the sheriff may order the third party to consign the sum mentioned in subsection (4) below in court until the completion of the sale or until the poinding otherwise ceases to have effect.

(4) The sum to be consigned in court under subsection (3) above shall be—

(a) where the article has been damaged but not so damaged as to make it worthless, a sum equal to the difference between the value of the article fixed under section 20(4) of this Act and the value of the article as so damaged;

(b) in any other case, a sum equal to the value fixed under that section.

(5) Any sum consigned in court under subsection (3) above shall, on the completion of the sale or on the poinding otherwise ceasing to have effect, be paid to the creditor to the extent necessary to meet the sum recoverable, any surplus thereof being paid to the debtor.

Textual Amendments

F1 Part II (ss. 16-45) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(a) (with ss. 59, 63)