Supreme Court Rules 2000

A claim to, or in respect of, real or personal property taken in execution under the process of the Court is to be in writing.

On receipt of a claim, the Sheriff is to give notice of the claim to the execution creditor as soon as possible.

Within 4 days after receiving a notice, the execution creditor is to give notice to the Sheriff that the execution creditor admits or disputes the claim.

If the execution creditor admits the claim and gives notice under subrule (3) – the execution creditor is only liable to the Sheriff for any fees and expenses incurred before receiving the notice; and the Sheriff may withdraw from possession of the property claimed and may apply to a judge for an order protecting the Sheriff from any action in respect of the seizure and possession of the property.

On an application under subrule (4)(b) – the claimant is entitled to be heard; and the judge may make any order as may be just.

The Sheriff may make an application under rule 215 if the execution creditor – fails to give notice under subrule (3) admitting the claim; or gives notice under that subrule disputing the claim.