The County Court Rules 1981

PART IUNDER EXECUTION

Notice of claim

1.—(1) Any person making a claim to or in respect of goods seized in execution or the proceeds or value thereof shall deliver to the bailiff holding the warrant of execution, or file in the office of the court for the district in which the goods were seized, notice of his claim stating—

(a)the grounds of the claim or, in the case of a claim for rent, the particulars required by section 137(2) of the Act, and

(b)the claimant's full name and address, which shall be his address for service.

(2) On receipt of a claim made under this rule, the proper officer shall—

(a)send notice thereof to the execution creditor, and

(b)except where the claim is to the proceeds or value of the goods, send to the claimant a notice requiring him to make a deposit or give security in accordance with section 135 of the Act.

Reply to claim

2.—(1) Within 4 days after receiving notice of a claim under rule 1(2) the execution creditor shall give notice to the proper officer informing him whether he admits or disputes the claim or requests the registrar to withdraw from possession of the goods or money claimed.

(2) If, within the period aforesaid, the execution creditor gives notice to the proper officer admitting the claim or requesting the registrar to withdraw from possession of the goods or money claimed, the execution creditor shall not be liable to the registrar for any fees or expenses incurred after receipt of the notice.

Order protecting registrar

3.  Where the execution creditor gives the proper officer such a notice as is mentioned in rule 2(2), the registrar shall withdraw from possession of the goods or money claimed and may apply to the judge, on notice to the claimant, for an order restraining the bringing of an action against the registrar for or in respect of his having taken possession of the goods or money and on the hearing of the application the judge may make such order as may be just.

Issue of interpleader proceedings

4.—(1) Where the execution creditor gives notice under rule 2(1) disputing a claim made under rule 1 or fails, within the period mentioned in rule 2(1), to give the notice required by that rule, the registrar shall, unless the claim is withdrawn, issue an interpleader summons to the execution creditor and the claimant.

(2) On the issue of an interpleader summons under paragraph (1) the proper officer shall enter the proceedings in the records of the court, fix a day for the hearing by the judge and prepare sufficient copies of the summons for service under this rule.

(3) Subject to paragraph (4), the summons shall be served on the execution creditor and the claimant in the same manner as a fixed date summons.

(4) Without prejudice to Order 13, rule 4, service shall be effected not less than 14 days before the return day.

Claim for damages

5.  Where in interpleader proceedings under an execution the claimant claims from the execution creditor or the registrar, or the execution creditor claims from the registrar, damages arising or capable of arising out of the execution—

(a)the party claiming damages shall, within 8 days after service of the summons on him, give notice of his claim to the proper officer and to any other party against whom the claim is made, stating the amount and the grounds of the claim; and

(b)the party from whom damages are claimed may pay money into court in satisfaction of the claim as if the interpleader proceedings were an action brought by the person making the claim.