Warrant of seizure and sale
Magistrates Court - civil
Once a judgment or money order has been made by the court, the registry may issue (on application) an enforcement warrant.A warrant of seizure and sale authorises an enforcement officer to enter private property and seize and sell by public auction the debtor’s real and personal property.
The proceeds from the auction are then used to pay a money order to the creditor.
A bailiff can only take certain goods. For example, a bailiff cannot take tools of trade (up to a certain value) or a car (up to a certain value) if the debtor needs them to make a living.
The warrant can only be issued by the court or the registrar at the courthouse where the judgment was given, ordered or filed.
The creditor can apply for a warrant without notice to another party.
Last updated Friday, 14 December 2007 12:01
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