C2Part V Enforcement of Judgments and Orders
Claims in respect of goods seized
C1100 Sale of goods to which claim is made.
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.
Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)