Division 3 Sheriff’s interpleader

43.3   Notice of claim by claimant

(cf SCR Part 56, rule 5; Act No 9 1973, section 116; Act No 11 1970, sections 65 and 66)

(1)  If the Sheriff takes or intends to take possession of any disputed property under a writ of execution, a claimant in respect of the property, or the proceeds of sale or value of the property, may give notice of his or her claim to the Sheriff.

(2)  A notice of claim:

(a)  must specify the claim, and

(b)  must state the claimant’s name and residential address, and

(c)  must state the claimant’s address for service, and

(d)  must be accompanied by a copy of the notice.

(3)  On receiving a notice of claim, the Sheriff must serve the notice on the execution creditor.

(4)  The execution creditor may serve on the Sheriff a notice to the effect that the execution creditor admits the claim set out in a notice of claim.

43.4   Sheriff may apply for claimant’s proceedings to be restrained or stayed

(cf SCR Part 56, rules 5 and 6; Act No 9 1973, section 116; Act No 11 1970, section 67)

(1)  This rule applies if a claimant does not give a notice of claim within a reasonable time after becoming aware that the Sheriff has taken or intends to take possession of the disputed property.

(2)  On application by the Sheriff, the court may restrain the claimant from commencing or continuing proceedings against the Sheriff in respect of anything done, or omitted to be done, by the Sheriff in execution of any writ of execution after the time when the claimant might reasonably have given a notice of claim.

(3)  The Sheriff may apply for an order under this rule:

(a)  if proceedings referred to in subrule (2) have been commenced against the Sheriff in the court, by motion in those proceedings, or

(b)  in any other case, by motion in the proceedings in which the writ of execution was issued.

(4)  Notice of an application under this rule must be served personally on the claimant.

43.5   Admission of claim

(cf SCR Part 56, rule 7; DCR Part 42, rule 1)

(1)  This rule applies if an execution creditor serves a notice of admission on the Sheriff with respect to any disputed property.

(2)  On receiving such a notice, the Sheriff must withdraw from possession of the disputed property.

(3)  On the application of the Sheriff, the court may make an order restraining the claimant from commencing or continuing proceedings in any court against the Sheriff in respect of anything done, or omitted to be done, by the Sheriff in execution of the writ of execution in relation to the disputed property.

(4)  The Sheriff may apply for an order under this rule:

(a)  if proceedings referred to in subrule (3) have been commenced against the Sheriff in the court, by motion in those proceedings, or

(b)  in any other case, by motion in the proceedings in which the writ of execution was issued.

(5)  Notice of an application under this rule must be served personally on the claimant.

43.6   Interpleader motion

(cf SCR Part 56, rule 8; LCR Part 32, rules 2 and 3)

(1)  If an execution creditor on whom a notice of claim is served does not, within 4 days after service of the notice, serve a notice of admission on the Sheriff, and the claim is not withdrawn, the court may make an order granting relief by way of interpleader.

(2)  The Sheriff may apply for such an order by motion in the proceedings in which the writ of execution was issued.

(3)  Notice of an application under this rule must be served:

(a)  on each party to the proceedings who claims an interest in the disputed property, and

(b)  on each claimant who is not a party to the proceedings.

(4)  Service on a claimant referred to in subrule (3) (b) must be effected personally.