The County Court (Amendment No. 2) Rules 1991

Suspension of warrants

50.  For Order 25, rule 8, there shall be substituted the following—

“Suspension of judgment or execution

8.— (1) The power of the court to suspend or stay a judgment or order or tostay execution of any warrant may be exercised by the district judge or,in the case of the power to stay execution of a warrant of execution andin accordance with the provisions of this rule, by the proper officer.

(2) An application by the debtor to stay execution of a warrant ofexecution shall be in the appropriate form stating the proposed terms,the grounds on which it is made and including a signed statement of thedebtor’s means.

(3) Where the debtor makes an application under paragraph (2), theproper officer shall—

(a) send the judgment creditor a copy of the debtor’s application (andstatement of means); and

(b) require the creditor to notify the court in writing, within 14 daysof service of notification upon him, giving his reasons for anyobjection he may have to the granting of the application.

(4) If the judgment creditor does not notify the court of any objectionwithin the time stated, the proper officer may make an order suspendingthe warrant on terms of payment.

(5) Upon receipt of a notice by the judgment creditor under paragraph(3)(b), the proper officer may, if the judgment creditor objects only tothe terms offered, determine the date and rate of payment and make anorder suspending the warrant on terms of payment.

(6) Any party affected by an order made under paragraph (5) may, within14 days of service of the order on him and giving his reasons, apply onnotice for the order to be re-considered and the proper officer shallfix a day for the hearing of the application before the district judgeand give to the judgment creditor and the debtor not less than 8 days'notice of the day so fixed.

(7) On hearing an application under paragraph (6), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.

(8) Where the judgment creditor states in his notice under paragraph(3)(b) that he wishes the bailiff to proceed to execute the warrant, theproper officer shall fix a day for a hearing before the district judgeof the debtor’s application and give to the judgment creditor and to thedebtor not less than 2 days' notice of the day so fixed.

(9) Subject to any directions given by the district judge, where awarrant of execution has been suspended, it may be re-issued on thejudgment creditor’s filing a request pursuant to rule 5(3) showing thatany condition subject to which the warrant was suspended has not beencomplied with.

(10) Where an order is made by the district judge suspending a warrant ofexecution, the debtor may be ordered to pay the costs of the warrant andany fees or expenses incurred before its suspension and the order mayauthorise the sale of a sufficient portion of any goods seized to coversuch costs, fees and expenses and the expenses of sale.

(11) In this rule“proper officer”does not include the district judge.”.