If you have executed the Writ of Seizure and Sale (WSS) (the execution creditor) and do not receive any payment of the outstanding judgment debt from the other party (the execution debtor) within 7 days after the seizure of their assets or property, you may proceed with an auction sale of the seized assets or property.
Refer to the following to find out the documents you will need to prepare before you file.
If your case is a... | You will need to file... |
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District Court, Magistrate's Court or tribunals case | The Request to Proceed with Auction The Request must state the following:
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General Division of the High Court case | The Request to Proceed with Auction and the Request for Attendance of the Sheriff (Form 11, Supreme Court Practice Directions) (if required).
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You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.
You must follow the Rules of Court and the State Court Practice Directions or the Supreme Court Practice Directions to prepare your documents before heading down personally to do the filing.
Refer to the following to find out the possible fees for filing and conducting an auction. You may also refer to Appendix B of the Rules of Court for the full list of court fees.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
---|---|
File the Request to Proceed with Auction | $10 |
You will have to ensure that your submissions are free of administrative or clerical errors to avoid rejection.
If your documents are rejected after filing due to errors, rejection fees under the Rules of Court will be charged.
Refer to the following for possible expenses you may incur when conducting the auction.
Item or service | Fees |
---|---|
Court commission | To be informed by the State Courts Bailiffs Section |
Auctioneer's fee | Market rate |
Valuation charges | Market rate |
Bailiff's attendance | $50 per hour or part thereof |
Locksmith charges (for forced entry, if necessary) | Market rate |
Transport expenses | Market rate |
Auxiliary police charges | Market rate |
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
---|---|
File the Request to Proceed with Auction | $20 |
File the Request for Attendance of the Sheriff | $100 |
If your documents are rejected after filing due to errors, rejection fees under the Rules of Court will be charged.
Refer to the following for possible expenses you may incur when conducting the auction.
Item or service | Fees |
---|---|
Court commission (auction) | Minimum $100 |
Auctioneer's fee |
|
Valuation charges | Refer to the panel of appraisers to find out the fees. |
Bailiff's attendance (9.00 am - 5.00 pm on weekdays, excluding public holidays) |
Note: Fees will be doubled if the execution exceeds or is done after office hours stated. |
Before fixing an auction date, the Sheriff or bailiffs may require a valuation report of all or some of the seized items to be prepared and submitted by an appraiser (if such a request was not made before the request for an auction was filed).
If the value of the assets or property seized is estimated to exceed $2,000, the sale must be (unless the Sheriff or bailiffs otherwise order):
The Sheriff or the bailiffs will conduct the auction instead if the assets or property seized is estimated to be less than $2000.
Refer to the following to find out the steps involved in appointing an appraiser and auctioneer, depending on which court your case is heard.
You are required to contact and appoint the auctioneer selected by the Bailiffs Section at least 7 days or 3 weeks before the auction date (whichever is required in the appointment letter).
The auctioneer will then collect from you a fee that they consider sufficient to cover their fees and expenses.
You or your lawyer (if any) must then inform the Sheriff’s Office of your selection. This is so that the Sheriff’s Office can undertake the necessary administrative processes.
This is done by filing a request via eLitigation at the LawNet & CrimsonLogic Service Bureau. The Sheriff’s Office may either accept or reject your request on the appointment of the appraiser or auctioneer.
If your request is accepted, you are required to contact the appointed auctioneer at least 7 days or 3 weeks before the auction date (whichever is required in the appointment letter).
In general, sales will be conducted by public auction between 9.00am and 5.00pm. A Notice of Sale (Form 91, Rules of Court) will be served by being posted, as far as practicable, at the place where the auction will be held at least 7 days before the date of the auction.
The auction date may be scheduled within 1 to 5 weeks from the date of service of the Notice of Sale, subject to availability of dates and the validity of the WSS. You will be informed of this auction date in a letter sent by the Sheriff's Office or the Bailiffs Section.
Unless there are exceptional reasons, requests for change of auction dates are generally not allowed.
You may be able to recover your expenses if the proceeds from the sale of the seized items are sufficient to cover both the judgment debt and the expenses incurred for executing the WSS.
However, if the proceeds from the sale are insufficient to cover the expenses arising from the execution of the WSS, you will need to pay the balance outstanding whether through your deposit or otherwise.
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreFile a Writ of Seizure and Sale
Be present on the day of seizure
Auction sale of the judgment debtor's items