Payment into Court
43.05 Payment into Court
(1) Subject to subrule (2), a bailiff must pay into the Court the money raised by the sale of property under a warrant of execution.
(2) A bailiff to whom section 33(1) of the Commercial and Private Agents Licensing Act 1979 applies may retain from the money raised under a warrant of execution the amount specified in the warrant as the bailiff's fee for executing the warrant.
(3) After money is paid into the Court under subrule (1), a registrar must:
(a) pay to the judgment creditor the amount then owing to him or her on the judgment debt or the amount paid into the Court, whichever is the lesser;
(b) if the warrant was executed by a private bailiff to whom section 33(1A) of the Commercial and Private Agents Licensing Act 1979 applies – pay to the bailiff, in accordance with that section, the fees to which the bailiff is entitled; and
return the remaining money (if any) to the judgment debtor.
Part 44 Warrant of seizure and sale
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