District Court Rules

ORDER 51B

INTERPLEADER

1 Notice of claim to goods taken in execution

1. A claim to or in respect of any goods or chattels not exceeding in value the monetary limit of the Court’s jurisdiction which have been taken in execution or intended execution by a County Registrar must:

(a) be in writing (Form 51B.01, Schedule C);

(b) contain the full name and description of the claimant; and

(c) contain an address at which service will be accepted by or on behalf of the claimant.

2 County Registrar’s notice to party claiming execution

2. On receipt of a claim mentioned in rule 1, the County Registrar must immediately send written notice of the claim to the party claiming execution or to his or her solicitor.

3 Notice of admission or denial of claim

3. Within two days after receiving the notice mentioned in rule 2, the party claiming execution must give written notice (which may be in the Form 51B.02, Schedule C) to the County Registrar of whether he or she disputes or admits the title of the claimant to the goods or chattels or requests the County Registrar to withdraw from possession.

4 Deposit by claimant

4. If within the period of two days mentioned in rule 3 the party claiming execution does not:

(a) admit the title of the claimant or

(b) request the County Registrar to withdraw from possession,

the County Registrar must immediately send written notice to the claimant:

(i) requiring him or her within two days of the service of that notice to deposit with the County Registrar the amount for which the warrant of execution was issued or, if the value of the goods or chattels seized is less than the amount set out in the warrant of execution, the value of the goods or chattels, and

(ii) giving the claimant notice that in default of his or her making the deposit required, an application will be made, after service of an interpleader summons (which is a summons in civil proceedings), to the Court for an order for sale.

5 Procedure on deposit being made

5. Where the claimant deposits with the County Registrar:

(a) the amount for which the warrant of execution was issued or,

(b) if the value of the goods or chattels as determined by the County Registrar or by a valuer appointed by the County Registrar, being less than the amount for which the warrant of execution was issued, a sum equal to the value as so determined,

the County Registrar must withdraw from the possession of the goods and chattels and the sum deposited may be disposed of as the Court directs.

6 Application for sale

6. (1) Where the claimant does not make the deposit required under rule 4, the Court may, at any time after the service of an interpleader summons, on application made:

(a) by the execution creditor on notice to the claimant and to the County Registrar, or

(b) by the County Registrar on notice to the parties,

make an order for the sale of all or any of the goods and chattels seized, subject to such conditions as to the giving of security by the execution creditor or otherwise as the Court thinks just.

(2) The notice of application to the Court for an order for the sale of all or any of the goods and chattels seized must be in Form 51B.03, Schedule C and must be served two clear days before the return date.

7. Application may be heard outside of scheduled Court sittings

7. (1) An application under rule 6 may be heard otherwise than at a scheduled sitting of the Court at any time and place within the appropriate Court district which the Judge deems suitable.

(2) The costs of any application under rule 6 may be provided for by the Court on the hearing of the interpleader summons.

8. Order for sale

8. Any order for sale must direct that the proceeds of the sale be lodged with the Clerk to abide the order of the Court on the hearing of the interpleader summons.

9. Service of interpleader summons

9. (1) An interpleader summons (Form 51B.04, Schedule C) must be served on the claimant (or where the claim has been made by a solicitor for the claimant, on the claimant’s solicitor) and on the party claiming execution (or where the warrant of execution has been lodged with the County Registrar by a solicitor for the party claiming execution, on the party’s solicitor).

(2) An interpleader summons must be served in a manner provided by Order 41.

10. Liability for costs

10. (1) On the hearing of the interpleader summons the Court must determine:

(a) the liability of the parties to pay costs and expenses;

(b) the amount of the costs and expenses; and

(c) by whom and to whom the costs and expenses are to be paid.

(2) The scale of costs for tort cases in the Schedule of Costs is the appropriate scale for proceedings begun by interpleader summons.

[SI 17/14]

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