Commonwealth Consolidated Regulations

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Notice of claim

             (1)  If a Sheriff takes, or intends to take, any personal property in execution under process, a person making a claim for the property, or the proceeds or value of the property, may give notice of a claim to the Sheriff, in accordance with Form 36.

             (2)  A notice of claim given under this rule must:

                     (a)  state the description of the claimant; and

                     (b)  specify the claim; and

                     (c)  state an address for service.

Note:          Description is defined in the Dictionary.

             (3)  A person entitled to give notice of a claim under subrule (1) must do so as soon as practicable after having knowledge of the facts.

             (4)  However, the Sheriff may apply to the Court for an order restraining a person starting or continuing a proceeding in any Court against the Sheriff for an act or thing done by the Sheriff in execution of the process.

             (5)  An application under subrule (4) must be made:

                     (a)  if a proceeding has been started in the Court against the Sheriff--by filing an interlocutory application in the proceeding; or

                     (b)  if paragraph (a) does not apply--by filing an interlocutory application in the proceeding in which the process is issued.

             (6)  The Sheriff must serve a copy of the application personally on the person against whom the order is sought.

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