WRIT OF EXECUTION

A Writ of Execution empowers a Sheriff’s Officer to attend a Judgment Debtors place of residence or business (if the Judgment Debtor is trading as a company or business) and attempt to seize goods for sale at public auction.

You may be required to pay additional costs attached to the execution of the writ. These costs may include such things as advertising costs and towing fees.

There are certain items that cannot be seized by the Sheriff. These include kitchen or bedroom furniture, clothing or tools of trade.

To apply for a writ of execution, one needs a judgement and then to complete a prescribed form, either Form 49 – Notice of motion writ for the delivery of goods or Form 49 -Notice of motion writ for levy of property is required to be completed and may be signed by the Judgment Creditor or a Solicitor. 

There is a prescribed fee payable upon lodgment of the notice of motion for a writ. Additional fees may be payable to the Sheriff’s Officer for advertisement and towing costs and other fees.

Any fees paid by the Judgment Creditor are added to the judgment debt.

A Judgment Creditor must file the notice of motion for Writ with the prescribed fee at the court where the action commenced.

A Writ of Execution is valid for TWELVE MONTHS from the date of issue. At the end of the twelve month period the Judgment Creditor must apply for a new Writ.

A Writ of Execution may be executed anywhere in New South Wales. Should a Judgment Debtor change address (within New South Wales) the Writ may be redirected to another Sheriffs Office upon written request and payment of an additional fee.

The Sheriff’s Office will forward a written report to the Judgment Creditor after levy has been attempted advising as to the success or otherwise of the Writ.

A Writ of Execution may also be levied against the Judgment Debtor’s land in certain circumstances.