Civil Judgments Enforcement Act 2004

In this section —

The powers in this section may only be exercised by the sheriff after receiving a property (seizure and sale) order and for the purpose of determining whether and to what extent a judgment debtor has any saleable interest in any personal or real property that might be sold under the order.

The sheriff, in writing, may request any person, other than the judgment debtor, who the sheriff believes on reasonable grounds has or may have an interest in any such property to disclose to the sheriff —

the nature of the interest; and

if the interest is a security over the property —

the amount secured against the property; and

the amount outstanding under the security; and

the amount and rate of interest accruing; and

any change that occurs to the terms of the security;

the amount of money that is owed to the person in relation to the property; and

any other information the sheriff considers is or may be relevant to determining the matters in subsection (2).

The sheriff, in writing, may request a public authority to disclose to the sheriff the amount of any rates, taxes, service charges, or other amounts, that are due and unpaid in respect of any such real property.

A person, other than a public authority, who contravenes a request made under subsection (3) is guilty of a contempt of the court that issued the property (seizure and sale) order.

The sheriff may disclose any information about any property that has been obtained by the sheriff to any potential purchaser of the judgment debtor’s interest in the property.