Notice of claim
18.11 Notice of claim
If a Sheriff takes, or intends to take, any personal property in execution under process, a person making a claim for the property, or the proceeds or value of the property, may give notice of a claim to the Sheriff, in accordance with Form 36.
A notice of claim given under this rule must:
state the description of the claimant; and
specify the claim; and
state an address for service.
Description is defined in the Dictionary.
A person entitled to give notice of a claim under subrule (1) must do so as soon as practicable after having knowledge of the facts.
However, the Sheriff may apply to the Court for an order restraining a person starting or continuing a proceeding in any Court against the Sheriff for an act or thing done by the Sheriff in execution of the process.
An application under subrule (4) must be made:
if a proceeding has been started in the Court against the Sheriff—by filing an interlocutory application in the proceeding; or
if paragraph (a) does not apply—by filing an interlocutory application in the proceeding in which the process is issued.
The Sheriff must serve a copy of the application personally on the person against whom the order is sought.
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