Section 186: Objecting to Attachment of Property

(1)Any person claiming to be entitled to, or to have a legal or equitable interest in, the whole or part of any property attached in execution of a warrant issued under section 181, may at any time prior to the receipt by the court of the proceeds of the sale of that property, give notice in writing to the court of his or her objection to the attachment of the property; the notice shall set out shortly the nature of the claim which the person (hereafter in this section called the “objector”) makes to the whole or part of the property attached, and shall certify the value of the property claimed by him or her; that value shall be deposed to on affidavit, which shall be filed with the notice.

(2)Upon receipt of a valid notice given under subsection (1), the court shall, by an order in writing addressed to the officer having the execution of the warrant, direct a stay of the execution proceedings.

(3)Upon the issue of an order under subsection (2), the court shall, by notice in writing, direct the objector to appear before the court and establish his or her claim upon a date to be specified in the notice.

(4)A notice shall be served upon the person whose property was, by the warrant issued under section 181, directed to be attached, and, unless the property is to be applied to the payment of a fine, upon the person entitled to the proceeds of the sale of the property; the notice shall specify the time and place fixed for the appearance of the objector and shall direct the person upon whom the notice is served to appear before the court at the same time and place if he or she wishes to be heard upon the hearing of the objection.

(5)Upon the date fixed for the hearing of the objection, the court shall investigate the claim and, for that purpose, may hear any evidence which the objector may give or adduce, and any evidence given or adduced by any person served with a notice in accordance with subsection (4).

(6)If, upon investigation of the claim, the court is satisfied that the property attached was not, when attached, in the possession of the person ordered to pay the money or of some person in trust for him or her, or in the occupancy of a tenant or other person paying rent to him or her, or that, being in the possession of the person ordered to pay the money at such time it was so in his or her possession not on his or her own account or as his or her own property but on account of or in trust for some other person or partly on his or her own account and partly on account of some other person, the court shall make an order releasing the property, wholly or to such extent as it thinks fit, from attachment.

(7)If, upon the date fixed for his or her appearance, the objector fails to appear, or if, upon investigation of the claim in accordance with subsection (5), the court is of the opinion that the objector has failed to establish his or her claim, the court shall order the attachment and execution to proceed, and shall make such order as to costs as it deems proper.

(8)Nothing in this section shall be deemed to deprive a person who has failed to comply with the requirements of subsection (1) of the right to take any other proceedings which, apart from this section, may lawfully be taken by a person claiming an interest in property attached under a warrant.