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Debtors (Scotland) Act 1987
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Changes over time for: Paragraph 13
Version Superseded: 30/12/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1997
Point in time - Stop date 30/12/2002- Amendment
Status:
Point in time view as at 01/07/1997.
Changes to legislation:
Debtors (Scotland) Act 1987, Paragraph 13 is up to date with all changes known to be in force on or before 24 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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13(1)The wilful damage or destruction of poinded articles by—S
(a)the debtor; or
(b)any person, other than the creditor or a sheriff officer, 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 sheriff officer 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 paragraph 5(4) above.
(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 sub-paragraph (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 sub-paragraph (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 paragraph 5(4) above and the value of the article as so damaged;
(b)in any other case, a sum equal to the value fixed under that paragraph.
(5)Any sum consigned in court under sub-paragraph (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.
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