SolvedDMBM670590 | Summary warrant: General attachments: Report of auction
From HM Revenue & Customs · Debt Management and Banking Manual
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What the sheriff officer must do
Within 14 days from the date of the auction the sheriff officer must make a report of auction to the sheriff clerk.
The report must contain details of
any attached articles sold and the sum for which they were sold
any attached articles remaining which are unsold
any chargeable expenses
any surplus paid to the defender and any balance due by or to the defender.
What the sheriff clerk will do
On receipt of this report the sheriff clerk will then submit it to the auditor of court.
What the auditor of court will do
On receipt of the submission from the sheriff clerk the auditor of court will
tax the chargeable expenses
certify the balance due by or to the defender following the auction and
make a report to the sheriff.
What the sheriff will do
On receipt of the auditor’s report the sheriff will
make an order declaring the balance due by or to the defender as certified by the auditor.
Alternatively the sheriff can
modify the balance due
or where he is satisfied that there has been a substantial irregularity in the execution of the attachment (other than the timing of the report of auction)
declare the attachment and auction to be void.
In both these instances the sheriff must firstly give all interested parties an opportunity to be heard before he makes such an order.