224Claim to property taken in execution

### 224 Claim to property taken in execution > > (1)  A claim to, or in respect of, real or personal property taken in execution under the process of the Court is to be in writing. > > > (2)  On receipt of a claim, the Sheriff is to give notice of the claim to the execution creditor as soon as possible. > > > (3)  Within 4 days after receiving a notice, the execution creditor is to give notice to the Sheriff that the execution creditor admits or disputes the claim. > > > (4)  If the execution creditor admits the claim and gives notice under [subrule (3)](#GS224@Gs3@EN)  – > > > > > > (a) the execution creditor is only liable to the Sheriff for any fees and expenses incurred before receiving the notice; and > > > > > > > (b) the Sheriff may withdraw from possession of the property claimed and may apply to a judge for an order protecting the Sheriff from any action in respect of the seizure and possession of the property. > > > (5)  On an application under [subrule (4)(b)](#GS224@Gs4@Hpb@EN)  – > > > > > > (a) the claimant is entitled to be heard; and > > > > > > > (b) the judge may make any order as may be just. > > > (6)  The Sheriff may make an application under [rule 215](#GS215@EN) if the execution creditor – > > > > > > (a) fails to give notice under [subrule (3)](#GS224@Gs3@EN) admitting the claim; or > > > > > > > (b) gives notice under that subrule disputing the claim.