Property that may be seized and sold
44.03 Property that may be seized and sold
(1) A warrant of seizure and sale authorises the bailiff to seize and sell:
land described in the warrant; and
(b) personal property belonging to the judgment debtor except personal property necessary for adequate living and continuation of work.
(2) Money or bank notes belonging to a judgment debtor may be seized under a warrant of seizure and sale but need not be sold.
Under a warrant of seizure and sale, the bailiff may:
(a) seize cheques, bills of exchange, bonds, promissory notes, specialities or securities that provide for the payment of money to the judgment debtor and hold them as security for a judgment debt or the unsatisfied part of a judgment debt; and
when the time for payment to the judgment debtor arrives:
demand and receive payment of the money; or
(ii) sue in a court of competent jurisdiction in the name of the judgment debtor, or in the name of a person in whose name the judgment debtor might have sued, for the recovery of the money.
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