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r 12.07

Interpleader summons

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12.07 Interpleader summons

(1)

If under Rule 12.05 a sheriff has served a notice of claim on the execution creditor, the sheriff, by summons in the proceeding in which the warrant is issued may apply to the Court for relief by way of interpleader if the execution creditor—

(a)

does not within 5 days after the service of the notice under Rule 12.05 serve on the sheriff notice in writing that the execution creditor admits the claim; or

(b)

within that period of 5 days serves on the sheriff notice in writing that the execution creditor disputes the claim—

and, if the claim has not been withdrawn, the Court may grant relief by way of interpleader.

(2)

A summons under paragraph (1)—

(a)

must be served on each party to the proceeding who claims an interest in the property in dispute; and

(b)

must be served personally on each claimant who is not a party; and

(c)

must be in the form of Form 12C.

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