County Court Civil Procedure Rules 2018

Before putting property up for sale under a warrant the sheriff shall advertise the sale by giving notice of the time and place of sale and of particulars of the property in the manner which seems to the sheriff best to give publicity to the sale.

The sheriff shall not advertise the sale of any land until the creditor has satisfied the sheriff by such means as the sheriff may reasonably require that—

in the case of land under the operation of the Transfer of Land Act 1958, a copy of the warrant has been served on the Registrar of Titles and that a memorandum of that service has been recorded in the Register kept under that Act;

in the case of other land, a copy of the warrant has been left with the Registrar-General.

An advertisement relating to the intended sale of land by the sheriff shall be in Form 69A and include—

a concise description of the land, including its location, stated in terms calculated to enable interested persons to identify it;

a statement in general terms of the improvements, if any, believed by the sheriff to be on the land;

a statement of the last known address of the debtor; and

in the case of land under the operation of the Transfer of Land Act 1958, a statement of the interest, if any, of the debtor according to the Register kept under that Act and of the recordings in that Register which affect or may affect the land as at the date of service upon the Registrar of Titles of the warrant.

The creditor shall serve personally on the debtor a copy of the advertisement not less than 14 days before the date of the intended sale.

The Court may dispense with service under paragraph (4).

Not less than three days or such lesser period as the sheriff may allow before the date advertised for the sale the creditor shall—

file an affidavit of service of a copy of the advertisement or, where the Court makes an order for substituted service of the advertisement, an affidavit showing due compliance with the order;

deliver to the sheriff—

where a copy of the advertisement is served on the debtor, a copy of the affidavit of service;

where the Court makes an order dispensing with service of a copy of the advertisement, a copy of the order;

where the Court makes an order for substituted service of the advertisement, a copy of the order and of the affidavit showing due compliance.