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URGENT WARNING TO RETAIL SHOPS AND OTHER BUSINESSES (November 16, 2009)
The website can inform its readers that as of Monday 23rd November 2009, sheriff officers using their powers of entry prescribed under the Debtors Scotland Act 1987 (S18) will now have authority to open shut and lockfast places ,to commercial premises to seize monies from till,cash box or safe..
Recent changes introduced by the Bankruptcy and Diligence (Scotland) Act 2007 made a provision for a charge of payment to be served on All summary warrant debt.After the 14 days of the charge have expired the sheriff officers can proced with enforcement against the debtor.
Mrs Dorothy Lowe, who is the president of the Society Sheriffs' Officers and Messengers-at-Arms and also a senior executive in Walker Love Sheriff Officers with principal offices in Glasgow /Edinburgh /Aberdeen said today" It will be interesting to see how this new diligence will work in practice and yes there are perceived difficulties".It will be particulary difficult to enforce this matter on behalf of ordinary creditors. Money can only be attached when held taken from the till,safe ,or money box etc and,where the defender removes the money to his person /pocket this cannot then be seized or attached.
The website is grateful for the comments and help to establish a clearer understanding of this new procedure and thanks Mrs Lowe President of The Society of Messengers-at -Arms and Sheriff Officers for her speedy response and valued opinion.
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