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s 83

Making a claim to property

In force
Part 4Enforcing monetary judgments
Division 6Seizing and selling a judgment debtor’s property
Subdivision 4Interpleader

83 Making a claim to property

(1)

A person (the claimant), other than the judgment debtor, who claims —

(a)

any legal or equitable estate or interest in any personal property that has been seized by the sheriff under a property (seizure and sale) order; or

(b)

any legal or equitable estate or interest in any real property in which a judgment debtor has a saleable interest to which a property (seizure and sale) order applies; or

(c)

the proceeds of the sale of any such property or interest,

may make a claim to the sheriff.

(2)

The claim must —

(a)

be in writing; and

(b)

describe the property or interest that is claimed; and

(c)

state the basis for the claim; and

(d)

state an address for service for the claimant; and

(e)

contain any other information that is prescribed by the regulations.

(3)

As soon as practicable after receiving such a claim, the sheriff must give the judgment creditor —

(a)

a copy of the claim; and

(b)

a notice requiring the judgment creditor to notify the sheriff within the period that is specified in the notice whether the claim is admitted or disputed by the judgment creditor.

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