Part 8Attachment of money

Execution of money attachment

178Presumption of ownership

(1)A judicial officer may, when executing a money attachment, assume that the debtor owns, solely or in common with a third party, any money found in the place where the attachment is executed.

(2)The judicial officer must, before attaching any money, make enquiries of any person present at the place in which it is found as to the ownership of it (and in particular must enquire as to whether there is any person who owns it in common with the debtor).

(3)The judicial officer may not make the assumption mentioned in subsection (1) above where the officer knows or ought to know that the contrary is the case.

(4)The judicial officer is not precluded from relying on that assumption by reason only that an assertion has been made that the money is not owned by the debtor.