Consequences of admission of claim
14.07 Consequences of admission of claim
(1) Where an execution creditor admits a claim to property in dispute:
(a) the execution creditor is not liable for any fees in respect of that property claimed by the bailiff under the warrant after the notice admitting the claim is served;
the bailiff must:
withdraw from possession of that property; or
(ii) if the property has been sold – pay the proceeds of the sale into the Court and notify the execution creditor and the claimant in writing of the payment into the Court; and
the bailiff may apply for an order to:
restrain the claimant from commencing proceedings in a court; or
(ii) stay or restrain the continuance of proceedings in a court by the claimant;
against the bailiff in respect of anything done by the bailiff in execution of the warrant.
(2) As soon as practicable after receipt of the proceeds of sale under subrule (1)(b)(ii), a registrar must pay out the proceeds to the claimant.
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