Report on poinding and warrant sale report on a reference under section 3 (1) (e) of the Law Commissions Act 1965

Scottish Executive papers 40 Session 1 (2000)

Format:

Corporate Author:

Great Britain Scottish Law Commission

Author:

Gill Brian Gill Lord chairman Scottish Law Commission

Publisher:

TSO (The Stationery Office)

The Commission concluded that the diligence of poinding and warrant sale should be radically reformed and made less easily available, but not abolished. There are good reasons for retaining the diligence when it is used in a commercial context, but major changes are needed where poinding and sale is to be used in dwellinghouses. The effect of the Commission's recommendations would be that in all cases, poinding and sale could be used only where it would reduce the size of the debt. Poindings in dwellinghouses would take place only where no other diligence could be used and would be confined to use against luxury goods.