District Courts Rules 2009

15.55 Holding over enforcement and withdrawing from possession
  • 15.55.1 At any time before enforcement, the enforcement creditor may, in writing, require the bailiff to return the distress warrant to the court.

    15.55.2 If the enforcement creditor requests the bailiff to withdraw from possession,—

    • (a) the enforcement creditor is, unless rule 15.55.4 applies, treated as having abandoned the enforcement; and

    • (b) the bailiff must mark the warrant as withdrawn by request of the enforcement creditor.

    15.55.3 If the request to withdraw is made in consequence of a claim under rule 15.93 to the seized goods, the enforcement is treated as having been abandoned only in respect of the goods claimed.

    15.55.4 The bailiff must mark the warrant as suspended by request of the enforcement creditor, if the enforcement creditor—

    • (a) requests the bailiff to withdraw from possession; and

    • (b) at the same time, authorises the bailiff to re-enter by filing an authority in form 63 signed by the enforcement debtor.

    Compare: SR 1992/109 r 615