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File a Writ of Possession
About Writs of Possession
In a civil case, the court may order a party to give possession of immovable property to another party. The party who needs to give possession of the immovable property is the judgment debtor, while the party who should receive the immovable property is the judgment creditor.
If the judgment debtor does not comply, the judgment creditor may enforce the judgment in different ways to recover the immovable property. One way is to request an enforcement officer of the court (the Sheriff) and officers who are empowered under the Sheriff's authority (the bailiffs) to take possession of the immovable property owned by the judgment debtor.
This is known as a Writ of Possession.
Example
Land, buildings, an apartment and a factory are examples of immovable property which can be repossessed by the judgment creditor.
Apply for leave of court
If you are the judgment creditor, you have to apply for leave (permission) of court before you can file for a Writ of Possession (unless the order or judgment was made in a mortgage action).
You can apply for leave by filing the following documents:
- An ex parte summons prepared in accordance with Form 86 of the Rules of Court.
- An affidavit in support of the summons.
- The affidavit should show that you have given notice of the proceedings to all tenants, occupiers or different persons living at the premises so that they can apply to court for any relief if necessary.
- The affidavit should show that you have given notice of the proceedings to all tenants, occupiers or different persons living at the premises so that they can apply to court for any relief if necessary.
Find out how to prepare an affidavit.
Note
Leave may be required in other specific instances as set out in Order 46 of Rule 2 of the Rules of Court.
Your affidavit will need to show why leave should be given in these specific instances.
How to file
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 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.
After you file
If your application is accepted by the court, you will receive a sealed copy of the documents. This will include the date, time and venue of a hearing that you must attend.
If the court grants you leave at the hearing, you may proceed to extract an Order of Court and file a Writ of Possession.
Writ of Possession step-by-step
Refer to the following to find out about filing and executing a Writ of Possession.
If you are the judgment debtor, refer to Respond to a Writ of Possession instead.
Start an enforcement action
File a Writ of Possession
After the court grants you leave, you will need to file a Writ of Possession via eLitigation at the LawNet & CrimsonLogic Service Bureau.
After filing the Writ of Possession
Be present on the day of possession
The Sheriff’s Office or Bailiffs Section will inform you via an appointment letter of the date on which the Writ of Possession will be executed if your application is successful.
2021/07/23
Resources
Legislation associated with this topic include Order 45 and 46 of the Rules of Court.
Refer to:
- For Supreme Court: Paragraph 78 and 79 of the Supreme Court Practice Directions for enforcement of judgments and orders.
- For State Courts: Paragraph 96 to 99 of the State Courts Practice Directions for execution matters.
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