County Courts Act 1984

Claims in respect of goods seized E+W

99 Effect of warrants of execution. E+W

(1) Subject—

(a) to subsection (2); and

(b) to section 103(2),

a warrant of execution against goods issued from a county court shall bind the property in the goods of the execution debtor as from the time at which application for the warrant was made to the registrar of the county court.

(2) Such a warrant shall not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration unless he had at the time when he acquired his title—

(a) notice that an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the registrar of a county court and that the warrant issued on the application either—

(i) remained unexecuted in the hands of the registrar of the court from which it was issued; or

(ii) had been sent for execution to, and received by, the registrar of another county court, and remained unexecuted in the hands of the registrar of that court; or

(b) notice that a writ of fieri facias or other writ of execution by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the sheriff.

(3) It shall be the duty of the registrar (without fee) on application for a warrant of execution being made to him to endorse on its back the hour, day, month and year when he received the application.

(4) For the purposes of this section—

(a) “property” means the general property in goods, and not merely a special property;

(b) “sheriff” includes any officer charged with the enforcement of a writ of execution; and

(c) a thing shall be treated as done in good faith if it is in fact done honestly whether it is done negligently or not.

Modifications etc. (not altering text)

C1 Ss. 96-99 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

100 Sale of goods to which claim is made. E+W

(1) Where a claim is made to or in respect of any goods seized in execution under process of a county court, the claimant may—

(a) deposit with the bailiff either—

(i) the amount of the value of the goods claimed; or

(ii) the sum which the bailiff is allowed to charge as costs for keeping possession of the goods until the decision of the judge can be obtained on the claim; or

(b) give the bailiff in the prescribed manner security for the value of the goods claimed.

(2) For the purpose of this section, the amount of the value of the goods claimed shall, in case of dispute, be fixed by appraisement, and where that amount is deposited it shall be paid by the bailiff into court to abide the decision of the judge upon the claim.

(3) Subject to subsection (4), in default of the claimant’s complying with this section, the bailiff shall sell the goods as if no such claim had been made, and shall pay into court the proceeds of the sale to abide the decision of the judge.

(4) The goods shall not be sold if the registrar decides that, in all the circumstances, the decision of the judge on the claim made to or in respect of them ought to be awaited.

Modifications etc. (not altering text)

C2 S. 100 restricted (1.9.1993) by S.I. 1993/2073, art.16.

101 Interpleader by registrar. E+W

(1) If a claim is made to or in respect of any goods seized in execution under process of a county court, or in respect of the proceeds or value of any such goods, the registrar may, as well before as after any action brought against him, issue a summons calling before the court the party at whose instance the process issued and the party making the claim.

(2) Upon the issue of the summons, any action brought in any county court or other court in respect of the claim or of any damage arising out of the execution of the warrant shall be stayed.

(3) On the hearing of the summons, the judge shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them and the registrar upon any claim to damages arising or capable of arising out of the execution of the warrant by the registrar, and shall make such order in respect of any such claim and the costs of the proceedings as he thinks fit.

Modifications etc. (not altering text)

C3 S. 101 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

102 Claims for rent where goods seized in execution. E+W

(1) Section 1 of the M1 Landlord and Tenant Act 1709 shall not apply to goods seized in execution under process of a county court, but the following provisions of this section shall apply in substitution.

(2) The landlord of any tenement in which any goods are seized may claim the rent of the tenement in arrear at the date of the seizure, at any time within the 5 days next following that date, or before the removal of the goods, by delivering to the bailiff or officer making the levy a claim in writing, signed by himself or his agent, stating—

(a) the amount of rent claimed to be in arrear; and

(b) the period in respect of which the rent is due.

(3) Where such a claim is made, the bailiff or officer making the levy shall in addition distrain for the rent so claimed and the cost of the distress, and shall not, within 5 days next after the distress, sell any part of the goods seized, unless—

(a) the goods are of a perishable nature; or

(b) the person whose goods have been seized so requests in writing.

(4) The bailiff shall afterwards sell under the execution and distress such of the goods as will satisfy—

(a) first, the costs of and incidental to the sale;

(b) next, the claim of the landlord not exceeding—

(i) in a case where the tenement is let by the week, 4 weeks’ rent;

(ii) in a case where the tenement is let for any other term less than a year, the rent of two terms of payment;

(iii) in any other case, one year’s rent; and

(c) lastly, the amount for which the warrant of execution issued.

(5) If any replevin is made of the goods seized, the bailiff shall nevertheless sell such portion of them as will satisfy the costs of and incidental to the sale under the execution and the amount for which the warrant of execution issued.

(6) In any event the surplus of the sale, if any, and the residue of the goods shall be returned to the execution debtor.

(7) The fees of the registrar and broker for keeping possession, appraisement and sale under any such distress shall be the same as would have been payable if the distress had been an execution of the court, and no other fees shall be demanded or taken in respect thereof.

[F1 (8) Nothing in this section affects section 346 of the Insolvency Act 1986]

Textual Amendments

F1 S. 102(8) substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

Modifications etc. (not altering text)

C4 S. 102 restricted by Insolvency Act 1986 (c. 45, SIF 66), s. 347(6)(a)(7)(8)

C5 S. 102 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

Marginal Citations

M1 1709 c. 18.