My debtor's goods belong
to a third party - what can I do?
A claim may be received from a Sherforce Enforcement Officer, to the items which have been the subject of legal control at the address of your judgment debtor.
Third party claims come in all shapes and sizes but in fact they do have to comply with the Rules of the Supreme Court RSC Order 17, Rule 2, (which is to be found in Schedule 1 to the Civil Procedure Rules), to ensure they are valid claims.
This rule states that the claim must be in writing and include a statement of his/her/its address which becomes the address for service of the third party of any interpleader proceedings which are subsequently issued.
When we receive a third party claim to goods taken into legal control we will send it to you for your decision on whether you accept the claim or not.
If you accept that the goods belong to the third party, we will close our file, and send you an account for an unsuccessful fee, plus any pre-agreed charges.
If you don't accept the claim to the goods made by the third party, we will seek a decision from the Court through Interpleader proceedings, on whether the claim is valid or not. This is not a decision which we can make for you.