[F1 PART 85 E+WClaims on Controlled Goods and Executed Goods

Textual Amendments

F1 Pt. 85 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

SECTION V E+WProcedure for a Debtor making a Claim to Exempt Goods

Procedure for making a claim to exempt goods where the claim is disputed E+W

85.9.— (1) Where a creditor, or any other claimant to goods subject to enforcement to whom notice of a claim to exempt goods was given, gives notice under rule 85.8 that the claim to exempt goods, or any part of it, is disputed, and wishes to maintain their claim on the goods subject to enforcement, the following procedure will apply.

(2) The debtor must make an application within 7 days of receiving the notice under rule 85.8(3) which must be supported by—

(a) a witness statement—

(i) describing any goods to which a claim to exempt goods is made; and

(ii) setting out the grounds upon which such claim is based; and

(b) copies of any supporting documents that will assist the court to determine such claim.

(3) In the High Court the debtor must serve the application notice and supporting witness statements and exhibits on—

(a) the creditor;

(b) any other claimant to the goods subject to enforcement of whom they are aware; and

(c) the enforcement agent or relevant enforcement officer.

(4) In the County Court the debtor must provide to the court when the application is made the addresses for service of—

(a) the creditor;

(b) any other claimant to controlled goods of whom the debtor is aware; and

(c) the enforcement agent,

(“the respondents”), and the court will serve the application notice and supporting witness statements and exhibits on the respondents.

(5) An application under paragraph (2) must be made to the court which issued the writ or warrant conferring power to take control of controlled goods or the writ of execution or if the power to take control of controlled goods was conferred under an enactment, to the debtor’s home court.

(6) The application notice will be referred to a Master or District Judge.

(7) On receipt of an application for a claim to exempt goods, the Master or District Judge may—

(a) give directions for further evidence;

(b) list a hearing to give directions;

(c) list a hearing of the application;

(d) make directions for the retention, sale or disposal of the goods subject to the claim to exempt goods;

(e) give directions for determination of any issue raised by the exempt goods claim.]