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HMRC internal manual

Debt Management and Banking Manual

Enforcement action: county court proceedings: warrants of execution: third party claims to goods seized under a warrant of execution

Any person, other than the judgment debtor, who claims to be the owner of goods seized by the court bailiff must make a claim in writing to either the bailiff holding the warrant, or to the court office for the district in which the goods were seized.

The court will send you notice of the claim on form N358 (Notice of Claim to Goods taken in Execution).

The higher debt manager must immediately decide whether to admit or dispute the claim and record their decision on the papers.

Claim not disputed

If the higher debt manager does not wish to dispute the claim, you should complete and return form N358 to the court within 4 days of receipt of the notice.

If you fail to return the form in time you may be liable to pay the costs of removing the goods to the salesroom and any other expenses incurred.

Enforce the judgment debt, including the unpaid warrant of execution fees, by other means.

Claim disputed

If the higher debt manager believes that the third party claim can and should be disputed, you should phone the EIS Bradford CCP Technical Team (Debt Management Bradford) immediately for advice.

Costs awarded against you

If, following a third party claim, the court makes an order against you for payment of costs or damages send the papers immediately to your senior debt manager with a full report. Do not make payment of the costs or damages at this stage.