A new form of diligence that is expected to make debt collection by Sheriff Officers more straightforward comes into effect today.

Money Attachment, which allows cash to be attached for the first time rather than property or assets, has been introduced by the phase-in of the Bankruptcy & Diligence etc. (Scotland) Act 2007.  It has been described as the remedy "many creditors have been waiting for."

Ronnie Murison of Stirling Park says the new provison should make enforcement of debt more straightforward.

"It is widely known that a minority of creative debtors have engineered ways to avert the normal attachment of assets, which can make the recovery process more challenging and costly for the creditor," he told The Firm.

"However; this new diligence will proffer a more tangible means for the creditor to be able to get his hands on the business takings. This diligence and the introduction of residual attachment, which is coming soon is fundamentally offering a greater selection of enforcement action type for creditors thus increasing the confidence in the whole civil recovery process.

"In essence once a charge for payment has expired and a Debt Advice and Information Pack is issued the Sheriff Officer is permitted to appear at the debtor’s business premises unannounced to execute the attachment of money and remove the cash or other banking instruments there and then. There is no protected sum for the debtor and the full debt with associated costs of doing the attachment can be removed in the one visit."