Part 8Attachment of money
Money attachment
174Money attachment
1
There is to be a form of diligence over money owned by a debtor to be known as money attachment.
2
Money attachment is competent to enforce payment of a debt but only if—
a
the debt is constituted by a decree or document of debt;
b
the debtor has been charged to pay the debt;
c
the period for payment specified in the charge has expired without payment being made; and
d
where the debtor is an individual, the creditor has, no earlier than 12 weeks before executing the money attachment, provided the debtor with a debt advice and information package.
3
Money attachment is not competent in relation to money—
a
kept within a dwellinghouse; or
b
in relation to which arrestment is competent.