907Application for private sale

907 Application for private sale

(1)  Notwithstanding the Civil Process Act 1870 , if a writ has been issued, a party may apply to the Court or a judge for an order that a sale under the writ be made otherwise than by public auction.

(2)  On the filing of an application under subrule (1) the Sheriff, at the request of a party, is to provide that party with a list of the name and address of every person at whose instance any other writ of execution against the property of the debtor has been lodged with the Sheriff.

(3)  An application under subrule (1) is to –

(a) contain a short statement of the grounds of the application; and

(b) be served –

(i) if the applicant is the creditor, on the Sheriff and every person named in the Sheriff's list referred to in subrule (2) ; or

(ii) if the applicant is the debtor, on the creditor, the Sheriff and every other person named in the Sheriff's list; and

(c) be served at least 4 clear days before the return date.

(4)  [Rule 907 Subrule (4) inserted by S.R. 2015, No. 91, Applied:16 Dec 2015] Notwithstanding the Civil Process Act 1870 , if a writ has been issued –

(a) the Sheriff may apply to the Court or a judge for an order that a sale under the writ be made otherwise than by public auction; and

(b) an application under paragraph (a) is to –

(i) contain a short statement of the grounds of the application; and

(ii) be served on every person at whose instance any other writ of execution against the property of the debtor has been lodged with the Sheriff; and

(iii) be served at least 4 clear days before the return date.