106. Duties of Sheriff as to property taken in execution
Feedback & supportLast amended by an amending law of 2005.
Where any property of a debtor is taken in execution, then, if before the completion of the execution notice is given to the Sheriff that a bankruptcy order has been made against the debtor, the Sheriff shall deliver the property or the possession thereof and any such moneys to the Official Assignee.
property
“property” includes money, goods, things in action, land and every description of property wherever situated and also obligations and every description of interest, whether present or future or vested or contingent, arising out of or incidental to, property;
The costs of and incidental to the execution under subsection (1) shall be a first charge on the property or moneys, and the Official Assignee may sell the property or any adequate part thereof for the purpose of satisfying the charge.
Official Assignee
“Official Assignee” includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
Where a writ of seizure and sale has been issued in respect of a judgment for a sum exceeding $2,000, the Sheriff shall hold all moneys coming to his hands under the writ of seizure and sale for 14 days from the receipt thereof.
Sheriff
“Sheriff” includes a bailiff and any officer charged with the execution of a writ or other process of the court;
If within the time referred to in subsection (3) —
notice is served on the Sheriff of a bankruptcy application having been made against or by the debtor; and
a bankruptcy order is made against the debtor thereon or on any other application of which the Sheriff has notice,the Sheriff shall deduct the costs of and incidental to the execution and pay the balance to the Official Assignee, who shall be entitled to retain the same as against the execution creditor.