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MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 137 Bailiff's interpleader

MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 137

Bailiff's interpleader

(1)  On receiving a notice from a judgment creditor admitting a claim under rule 136(4) , a bailiff may –
(a) withdraw from possession of the property claimed in the notice; and
(b) apply to the Court for an order restraining the bringing of an action against the bailiff for or in respect of the bailiff having taken possession of that property.
(2)  A bailiff may apply to the Court for relief by way of interpleader –
(a) on receipt of a notice from a judgment creditor disputing a claim; or
(b) if the judgment creditor fails to give notice to the bailiff under rule 136(4) within the period specified in that subrule.
(3)  A judgment creditor who admits a claim is only liable to a bailiff for any costs, fees and expenses the bailiff incurs before receipt of the notice admitting the claim.
(4)  A bailiff's claim for costs, fees and expenses is not an interest in the property for the purpose of interpleader proceedings.