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File a Writ of Seizure and Sale
About Writs of Seizure and Sale
In a civil case, the court may order a party to pay a sum of money to another party. The party who needs to pay the debt is the judgment debtor, while the party who should receive the money is the judgment creditor.
If the judgment debtor does not pay, the judgment creditor may enforce the judgment in different ways. One way is to request the court to seize and sell the judgment debtor's property to pay off the debt through an enforcement officer of the court (the Sheriff) and officers who are empowered under the Sheriff's authority (the bailiffs).
This is known as a Writ of Seizure and Sale (WSS).
The proceeds of the sale, after deducting the bailiff’s execution expenses, may then be used to pay off the debt the judgment debtor owes in full or in part.
Example
If the judgment debtor is the owner of a vehicle and fails to comply with a money order to pay a certain sum of money to the judgment creditor for the vehicle, the judgment creditor can file a WSS to seize the vehicle and have it sold by the Sheriff or bailiffs in order to satisfy the debt.
What to consider
You may consider filing for a WSS if you know that the judgment debtor has physical assets of sufficient value that may be sold to:
- Recover the cost of filing and executing the WSS.
- If the proceeds from the sale are insufficient to cover the bailiff's execution expenses, you will need to pay the balance outstanding whether through your deposit or otherwise.
- Pay the outstanding amount owed as stated in the money order.
- You should account for any payment already received from the judgment debtor, if applicable.
Note
If you wish to determine what assets the judgment debtor has or where their assets are located, you may choose to apply to the court for an order that the judgment debtor be examined.
Types of WSS
There are 2 types of WSS, namely:
In general, you do not have to obtain leave (permission) of the court to file a WSS for movable property, unless:
- 6 years or more have elapsed since the date of the order or judgment.
- There is any change to the judgment creditor or judgment debtor, whether by death or otherwise.
- The judgment or order is against the assets of a deceased person and these assets are in the hands of the deceased person’s executors or administrators.
- The judgment or order provides that any person is entitled to relief if a condition is fulfilled, and the condition has been fulfilled.
- Any movable property to be seized is in a receiver’s hands.
If leave of court is required
If leave of court is required, you will have to apply for leave by filing the following:
- 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 contain the following information:
- The court order or judgment.
- (If a money order or judgment is issued) The amount originally due under the order or judgment and the remaining amount due at the date of the application.
- (If there is any change in the parties since the date of the order or judgment) The change that has taken place in the judgment creditor or judgment debtor.
- (If 6 years or more have elapsed since the date of the order or judgment) The reasons for the delay in enforcing the order or judgment.
- (If the judgment debtor is deceased and their assets are in the hands of their executors or administrators) The evidence to show that a demand was made to the judgment debtor's executor or administrator to satisfy the order or judgment and the judgement debtor refused or failed to do.
- (If any person is entitled to relief under the order or judgment upon satisfying any condition) The evidence to show that a demand was made to the person to satisfy the order or judgment and the judgement debtor refused or failed to do.
- Any other information to satisfy the court that you are entitled to execute the judgment and the judgment debtor is indeed liable to pay the judgment debt.
Find out how to prepare an affidavit.
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 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.
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 WSS.
If leave (permission) of the court is required, you will have to apply for leave by filing the following:
- 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 contain the following information:
- The order or judgment to be enforced.
- The name of the judgment debtor.
- The amount remaining unpaid under the judgment or order at the time of application.
- The immovable property to be seized.
- The evidence or sources of information to show that, to the best of your information or belief, the immovable property in question is by owned the judgment debtor.
Find out how to prepare an affidavit.
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 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.
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 WSS.
Writ of Seizure and Sale step-by-step
The general process for filing and executing a WSS is as follows.
Note: The process outlined is non-exhaustive. The court may require you to take additional steps to facilitate the process, depending on the nature of your case.
If you are the judgment debtor, refer to Respond to a Writ of Seizure and Sale instead.
File a Writ of Seizure and Sale
File a Writ of Seizure and Sale
You will need to file a WSS via eLitigation at the LawNet & CrimsonLogic Service Bureau.
Be present on the day of seizure
Be present on the day of seizure
The Sheriff’s Office or Bailiffs Section will inform you via an appointment letter of the date on which the WSS will be executed if your application is successful.
After the judgment debtor's items are seized
Auction sale of the judgment debtor's items
If the judgment debtor does not pay the outstanding debt within 7 days after the seizure, you may proceed with an auction sale of the seized items.
2021/07/23
Resources
Refer to:
- For State Courts: The guide to common civil justice processes (PDF, 1476 KB).
Legislation associated with this topic include Order 45 to 47 of the Rules of Court.
Refer to:
- For Supreme Court: Paragraph 78 to 80 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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