39.17
CurrentSheriff may require security for costs of execution
Part 39Enforcement of judgments
Division 1Enforcement of writs of execution generally
39.17 Sheriff may require security for costs of execution
(cf DCR Part 34, rule 7; LCR Part 30, rule 5)
(1)
At any time after receiving a writ of execution, the Sheriff may require the judgment creditor—
(a)
to lodge such security for payment of the Sheriff’s costs in relation to the execution of the writ, or
(b)
to give such undertaking as to payment of the Sheriff’s costs in relation to the execution of the writ,
as the Sheriff considers appropriate.
(2)
If the judgment creditor fails to comply with such a requirement, the Sheriff—
(a)
may refuse to execute the writ, and
(b)
may withdraw from any possession into which the Sheriff may have entered under the writ.
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