Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

Release from poinding of articles belonging to third party

34.—(1) An application under section 40(2) of, or paragraph 21(2) of Schedule 5 to, the Act for release from poinding of an article belonging to a third party shall be in form 27.

(2) An application to which paragraph (1) of this rule applies shall specify—

(a)where known, the name and address of the creditor, the debtor, the officer of court who executed the poinding and any person other than the debtor having possession of the poinded article;

(b)where known, the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

(c)the date and place of execution of poinding;

(d)if appropriate, where and when the warrant sale is to be held;

(e)the article which is sought to be released; and

(f)any competent crave for expenses.

(3) On the lodging of such an application the sheriff clerk shall—

(a)fix a date for a hearing;

(b)obtain from the sheriff a warrant for intimation;

(c)intimate the application and warrant to the applicant, the creditor, the debtor, the officer of court who executed the poinding and any person having possession of the article; and

(d)complete a certificate of intimation.

(4) The officer of court who executed the poinding shall, whether or not he appears to oppose the application, lodge with the court a copy of the poinding schedule before the date fixed for the hearing under paragraph (3)(a) of this rule.

(5) The sheriff clerk shall intimate the sheriff’s decision on such an application to any person to whom intimation of the application was made but who was not present when the application was determined.