Procedure for seizure and sale
44.05 Procedure for seizure and sale
Subject to subrules (2) and (3), where it appears to the bailiff that property subject to seizure and sale under a warrant is more than sufficient to satisfy the amount to be raised, the bailiff is to seize or sell only so much of the property as appears to be sufficient.
Subject to subrule (3), the bailiff is to seize or sell property:
in the order the bailiff considers best for the prompt execution of the warrant of seizure and sale without undue expense;
subject to paragraph (a), in the order the judgment debtor directs; and
subject to paragraphs (a) and (b), in the order the bailiff considers best for minimising hardship to the judgment debtor and other persons.
Unless the judgment debtor so requests, the bailiff must not sell land under a warrant of seizure and sale until all other property available for sale under the warrant has been sold.
Subrule (3) does not apply where the only property of the judgment debtor available for seizure and sale under a warrant is land.
The Court may order that property subject to seizure and sale under a warrant be seized or sold otherwise than in accordance with this rule.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.