Document ID: chunk:federal_register_of_legislation:C2025C00167:section:119:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 119 (pt 2/3)
Character Range: 324374–326783

a sheriff or notice of the reference to the Court of a debtor's petition against a debtor has been given under subsection (2) to a sheriff, a creditor who has issued a process of execution, or on whose behalf a process of execution has been issued, against property of the debtor, or who has taken action, or on whose behalf action has been taken, to attach a debt due to the debtor, in respect of a liability of the debtor under a maintenance agreement or maintenance order (whether entered into or made, as the case may be, before or after the commencement of this section) may give to the sheriff a written notice setting out details of the maintenance agreement or maintenance order, and, upon the giving of the notice, subsection (1) or (2), as the case may be, ceases to apply in relation to the process of execution or attachment, as the case may be.
 (4) Subject to this section, where notice in writing of the presentation of a creditor's petition against a debtor is given to the registrar or other appropriate officer of a court:
 (a) to which the proceeds of the sale of property of the debtor or other moneys have been paid by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the debtor; or
 (b) to which moneys have been paid in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the debtor;
any of those proceeds or moneys not paid out of court shall not be paid to the creditor or to any person on his or her behalf until the petition has been dealt with by the Court or has lapsed.
 (5) Subject to this section, where notice in writing of the reference to the Court of a debtor's petition against a debtor is given to the registrar or other appropriate officer of a Court:
 (a) to which the proceeds of the sale of property of the debtor or other moneys have been paid by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the debtor; or
 (b) to which moneys have been paid in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the debtor;
any of those proceeds or moneys not paid out of court shall not be paid to the creditor or to any person on his or her behalf until the Court has dealt with the petition.
 (6) Where notice of the presentation of a creditor's petition against a debtor has