Part 2

Attachment

Auction of attached articles

Audit of report of auction
33
1
The sheriff shall remit the report of auction to the auditor of court who shall—
a
tax the chargeable expenses;
b
certify the balance due by or to the debtor following the auction; and
c
make a report to the sheriff.
2
The auditor of court shall not alter the report of auction without first providing all interested persons an opportunity to make representations.
3
The auditor of court shall not charge a fee in respect of the report made under subsection (1)(c) above.
4
On receipt of a report made under subsection (1)(c) above the sheriff shall make an order—
a
declaring the balance due by or to the debtor, as certified by the auditor of court;
b
declaring such a balance after making modifications to the balance so certified; or
c
where the sheriff is satisfied that there has been a substantial irregularity in the execution of the attachment (other than the timing of the report of auction), declaring the attachment and auction to be void.
5
An order made under subsection (4)(c) above may make such consequential provision as the sheriff thinks fit.
6
An order made under subsection (4)(c) above shall not affect the title of a person to any article acquired by that person at the auction, or subsequently, in good faith.
7
The sheriff may not make an order under subsection (4)(b) or (c) above without first providing all interested persons an opportunity to be heard.
8
The sheriff clerk shall intimate the sheriff’s order under subsection (4) above to the debtor.