Sheriff may recover reasonable costs and expenses of execution
32 Sheriff may recover reasonable costs and expenses of execution
The sheriff may recover all costs and expenses that the sheriff incurs in executing a warrant that are reasonable.
Costs and expenses referred to in subsection (1) include costs and expenses incurred in engaging an agent to sell property seized under a lawfully executed warrant.
Despite anything to the contrary in this Act, another Act or at law, costs and expenses referred to in subsection (1) may be recovered by the sheriff before—
the proceeds arising from the sale of any property seized under a lawfully executed warrant are applied to the payment of a payable amount; or
money received for the payment of a payable amount under a lawfully executed warrant is applied to the payment of a payable amount.
S. 32(4) inserted by No. 47/2014 s. 323.
Despite subsection (3), if an amount stated in a money warrant is paid in whole or in part by a third party under section 27, the sheriff must not recover costs and expenses referred to in subsection (1) until 28 days after the payment is received by the sheriff.
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