--(1) A person who makes a claim against any money, goods or chattels seized or about to be seized by the marshal must give written notice to the marshal.
--(2) The notice must-
----(a) give that person's name and address for service;
----(b) identify the money, goods or chattels claimed; and
----(c) set out the grounds for his claim.
--(3) Forthwith on receipt of the claim the marshal must give written notice to the judgment creditor.
--(4) Within 4 days after receiving the notice the judgment creditor must give notice to the marshal admitting or disputing the claim.
--(5) Where the judgment creditor gives notice admitting the claim-
----(a) he is liable only for the fees and expenses of the marshal incurred before the marshal receives his notice;
----(b) the marshal must withdraw from possession of the money, goods or chattels; and
----(c) the marshal may apply to the court for an order restraining any action being brought against him in respect of his having taken possession of the money, goods or chattels.
--(6) Where the judgment creditor gives notice disputing the claim or fails to give notice and the claim is not withdrawn the marshal may apply to the court for relief under this Part.
Notes
Amended by Legal Notice 233 of 2005.
Back to Part (54. Interpleader)