Where a company is being wound up, \u00a0distress or execution in respect of its property or effects is void.\u00a0 A judgment creditor may not retain the benefit of the execution unless execution or attachment has been completed before commencing of winding up. Execution is completed by seizure and sale.\u00a0 Execution against land applies on completion of seizure and \u00a0in the case of an equitable interest, the appointment of a receiver.<\/p>\n
Where a liquidator is appointed, whether \u00a0provisional or \u00a0final or where a resolution for voluntary winding up has been passed, goods and \u00a0any moneys seized or received by the sheriff in part satisfaction, which have been taken in execution but not sold must be delivered to the liquidator. The sheriff has a duty is to pay the \u00a0balance of the liquidator, if within 14 days, there is served on him notice thereof. The costs of execution are a first charge on the goods. The \u00a0liquidator may sell them to realize the same.<\/p>\n
Upon completion of execution, the judgment creditor obtains the benefit of the execution, even though the company later goes into liquidation and the moneys remain in the hands of the sheriff.<\/p>\n
Under the Bankruptcy Act, where goods or a leasehold interest in lands belonging to the debtor have been seized under execution order or sold, or money has been paid in satisfaction of the execution, either to the sheriff or County Registrar, in order to avoid seizure and sale under such execution, the money must be retained for 21 days.\u00a0 The monies must be surrendered to the Official Assignee, if within the 21-day period, the person holding the same receives notice of the adjudication of bankruptcy. A person who \u00a0purchases in good, faith under a sale by the sheriff, acquired as good title as against the official assignee.<\/p>\n
A return of nulla bona completes execution, even if judgment has not been satisfied.\u00a0 The court may go behind the return, in order \u00a0to ascertain whether the proper levy has been attempted and executed.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Orders to Sheriff The principal orders which a sheriff executes under High Court jurisdiction are the following: fieri facias (to seize goods in execution); venditioni exponas (directing a sale of goods for the best price where not sold); delivery; possession In the Circuit Court, the sheriff or County Registrar may execute the following: execution order […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[326],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21361"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21361"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21361\/revisions"}],"predecessor-version":[{"id":21420,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21361\/revisions\/21420"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21361"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21361"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21361"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}