(1)If the person entitled to the property mentioned in section 370 is known, the relevant court must cause a notice to be served on that person instructing that person to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of service of the notice.
Section history
Section 371 — Procedure when person entitled to property is known
As in force on 15 November 2022.
Timeline 4 versions
- 2 January 2011 Enacted
- 31 October 2018 Act 19 of 2018, S 724 of 2018
- 31 December 2021 Revised edition
- 15 November 2022 You are here
- 17 August 2026 Latest
(2)Section 116 applies as nearly as may be practicable to the procedure governing the service of the notice mentioned in subsection (1) as if a summons were a notice.
(3)If the person entitled to the property mentioned in section 370 fails to take delivery of the property within the period specified in the notice mentioned in subsection (1), the relevant court may, after one month from the expiry of that period, cause the property to be sold.
(4)Despite the other provisions in this section, if the property is perishable or if, in the opinion of the relevant court, its value is less than $500, the relevant court may cause the property to be sold at any time.
(5)The relevant court must cause the net proceeds of the sale under subsection (3) or (4) to be paid, on demand, to the person entitled.