ACTIn ForceRegulation
Court Procedures Rules
2231Seizure and sale order—payment to enforcement debtor
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2231 Seizure and sale order—payment to enforcement debtor
(1) An enforcement creditor on whose application a seizure and sale
order has been made may file in the court—
(a) an agreement with the enforcement debtor about the amount of
the enforcement creditor’s costs of enforcement (a costs
agreement); or
Note Rule 1702 (Costs—agreement about costs) applies to the
agreement.
(b) a bill of costs.
(2) A costs agreement or bill of costs must be filed—
(a) not later than 2 months after the day an enforcement officer
receives the proceeds of any sale under the seizure and sale
(b) within any longer time the enforcement debtor agrees to in
Rule 2232
(3) If the enforcement creditor files a costs agreement in accordance with
subrule (2), the registrar must pay the enforcement debtor any amount
held by the court over the amount necessary to satisfy the seizure and
sale order.
(4) If the enforcement creditor files a bill of costs in accordance with
subrule (2), the registrar must pay the enforcement debtor, before
assessing the costs, any amount held by the court over the amount
that, on the basis of the amount claimed in the bill of costs, is
necessary to satisfy the seizure and sale order.
(5) If the enforcement creditor does not file a costs agreement or bill of
costs in accordance with subrule (2), the registrar may pay the
enforcement debtor any amount held by the court over the total
amount necessary to satisfy the seizure and sale order (including
interest) and the costs of enforcement then known to the registrar.
(6) The registrar must pay the enforcement creditor any of the proceeds
of sale that the registrar is not required by this rule to pay to the
(7) This rule does not affect the right of the enforcement creditor to
recover from the enforcement debtor the costs of enforcement of the