In practice, the sheriff may be prepared to enter agreements and arrangements with debtors. The sheriff may seize goods but this may not necessarily mean taking physical possession of the goods. The sheriff can enter a \u201cwalking possession agreement\u201d with the debtor by which possession remains with the debtor but on behalf of the sheriff.<\/p>\n
The sheriff is obliged to execute an order as soon as reasonably practicable. There is no obligation to give prior warning of the intention to levy enforcement. However, sheriff and County Registrars usually give notice with a view to securing settlements. The sheriff and its officers have a duty to make an inventory of goods within one day and if practicable give it to the judgment debtor.<\/p>\n
Most tangible goods, animals, growing crops, severable fixtures,\u00a0 money and negotiable instruments and jointly owned goods may be seized. The co-owner is entitled to claim his share. Hired or leased goods can be seized to the extent that the debtor has an interest.<\/p>\n
The sheriff must sell the goods in order to realise their proceeds. They may be sold after the expiration of 48 hours. The sheriff enjoys a wide discretion in relation to storage impounding and sales. Completion of the process occurs when the proceeds of the sale are given to the creditor.\u00a0 Until that time, the execution is incomplete and the process may be suspended by a petition for bankruptcy or winding up.<\/p>\n
If there are disputes regarding ownership of goods seized by the sheriff, there is a special procedure to resolve the dispute known as interpleader. For example, a spouse could claim that furniture is jointly owned or it might be leased or on hire purchase.<\/p>\n
Where goods have been wrongfully seized, at the direction or on the information of a creditor, \u00a0the third party may have a right of action against the creditor to the extent of any benefit received as a result of a wrongful seizure.<\/p>\n
A purchaser in a sheriff sale acquires good title. Execution is completed by seizure and sale. The sheriff must deliver money received in satisfaction of execution to the creditor.\u00a0 Where goods have been seized and sold, all monies paid in satisfaction of the execution order must be retained with her 21 days. This is a requirement of bankruptcy legislation. They must be paid to the bankruptcy official if the sheriff receives notice of bankruptcy of the debtor in that period.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
The Sheriff There is a sheriff or County Registrar with the powers of a sheriff for each county. The sheriff has the power to seize the debtor\u2019s goods to enforce a court order for money due. The procedure is commenced by the creditor or his solicitor sending details of the court order, together with certain […]<\/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\/21364"}],"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=21364"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21364\/revisions"}],"predecessor-version":[{"id":21418,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21364\/revisions\/21418"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21364"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21364"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}