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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 June 2020 at 03:56)
Division 3 Enforcement of writs against goods etc
39.29 Removal of goods
(cf DCR Part 35, rule 2; LCR Part 30, rule 12)
(1) If any goods are seized under a writ for the levy of property, the Sheriff may remove them—(a) to a place where, in his or her judgment, the highest prices for the goods are most likely to be obtained, or(b) to a place of safe keeping.(2) As soon as practicable after removing any such goods, the Sheriff must notify the judgment debtor of their removal and give the judgment debtor an inventory of the goods so removed.
39.30 Time of sale
(cf DCR Part 35, rule 3; LCR Part 30, rule 13)
(1) Goods must not be sold under a writ for the levy of property before the sixth day after they were seized under the writ.(2) Despite subrule (1)—(a) goods of a perishable nature may be sold forthwith after they are seized, and(b) if the judgment debtor so requests in writing, other goods may be sold at any time.(3) Goods seized under a writ for the levy of property are to remain in such custody as the Sheriff may appoint pending their sale under the writ.
39.31 Sale to be publicly advertised
(cf DCR Part 35, rule 4; LCR Part 30, rule 14)
(1) The Sheriff must cause notice of the intended sale of any goods under a writ for the levy of property to be affixed—(a) at or near the entrance to the place where the sale is to be held, orat least 5 days before the date appointed for the sale.(b) if the sale is not to be held in a city or town, at the court-house or some convenient public place,(2) If goods are removed from a place in a city or town under rule 39.29(1)(a), the Sheriff must cause notice of the intended sale of the goods to be affixed on or near the entrance to that place at least 5 days before the date appointed for the sale.(3) At least 5 days before the date appointed for the sale of any equity of redemption or other equitable interest in any goods, the Sheriff must cause notice of the intended sale, and particulars of the interest to be sold—(a) to be affixed at or near the entrance to the place where the sale is to be held, and(b) to be advertised in a newspaper circulating in the district in which the sale is to take place.(4) In addition to any other notice of a sale that he or she is required to give, the Sheriff must give such notice, by advertisement in a newspaper or otherwise, as appears necessary to give due publicity to the sale.(5) If an auctioneer has been appointed by the Sheriff to sell the goods, the notice referred to in subrule (4) may, with the approval of the Sheriff, be given by the auctioneer.
39.32 Sheriff or auctioneer to report
(cf SCR Part 45, rule 14; DCR Part 34, rule 9; LCR Part 30, rule 8)
As soon as practicable after the sale of goods under a writ for the levy of property has been completed, the Sheriff or auctioneer appointed to sell the goods must make a report to the judgment creditor as to results of the sale.
39.33 Possession fees
(cf DCR Part 35, rule 1; LCR Part 30, rule 11)
(1) No fees for keeping possession of any goods under a writ for the levy of property are payable to any person, or chargeable against the judgment debtor as costs of the execution, if the amount due under the writ is paid to the Sheriff within one hour after they are seized under the writ.(2) Subject to subrule (1), if more than one person is necessarily engaged in keeping possession of any goods under a writ for the levy of property, the fees payable to each such person are, unless the court orders otherwise, chargeable against the judgment debtor as part of the costs of the execution.(3) This rule does not affect any amount that may be payable to the Sheriff, by way of fees, out of money paid to the Sheriff by the judgment debtor.