Notice of claim (Rule 18.11(1)) (Form 36)

When the Sheriff of the Court takes or intends to take personal property in execution, a person who claims the property, or its proceeds or value, may give notice of the claim to the Sheriff in accordance with Form 36 (r 18.11(1) of the Federal Court Rules 2011). The notice must describe the claimant, specify the claim and state an address for service (r 18.11(2)), and must be given as soon as practicable after the claimant knows the facts (r 18.11(3)). The Sheriff serves it on the execution creditor (r 18.12), who can admit the claim in Form 37. If the claim is not admitted within 4 days, the Sheriff may apply to the Court for interpleader relief (r 18.14).

When you need it

• The Sheriff has seized, or said they will seize, goods to enforce a judgment against someone else, and the goods are yours.
• You claim the proceeds of sale or the value of the property rather than the goods themselves.
• Not for debts or property held by a stakeholder facing competing claims outside execution: that is an interpleader application under Division 18.1.

1. 1

   Heading

   Use the file number and party names of the proceeding in which the Sheriff's process was issued.

2. 2

   Address it to the Sheriff

   Choose whether the Sheriff has taken possession or indicated an intention to, and give the address of the property and the name of the person whose property was meant to be taken.

3. 3

   Describe the property

   State whether you claim all or part of the property, and describe each item of personal property you claim.

4. 4

   What you claim and why

   Choose the property itself, the proceeds of sale or its value, and give details of your claim, for example how you came to own it.

5. 5

   Claimant details

   Give your description (r 18.11(2)(a)) and address for service, then date and sign. The signature block's default capacity reads Applicant; change it to Claimant or the claimant's lawyer.

• Give the notice to the Sheriff (r 18.11(1)), as soon as practicable after you know the facts (r 18.11(3)).
• The Sheriff serves it on the execution creditor (r 18.12). The section headed 'To the execution creditor' is completed and signed by the Sheriff.
• If the execution creditor does not serve a notice of admission within 4 days, the Sheriff may apply for interpleader, and the Court can then decide who is entitled (r 18.14).

• Keep evidence of ownership, such as invoices, receipts or finance documents, ready in case the execution creditor disputes the claim and the Sheriff seeks interpleader.
• Move quickly. The rule requires notice as soon as practicable after you know the facts (r 18.11(3)).
• The Sheriff may seek orders restraining claims against the Sheriff for what was done in executing the process (r 18.11(4)).