Common questions
Enforcement warrants - Magistrates Court
What payments can be redirected by an enforcement warrant?
One off payments from the commission or proceeds of a sale, and regular salary or wage payments held in a financial institution can be redirected.
Money held in a financial institution from previous savings may also be redirected.
How do I find out what property, assets or bank accounts the debtor has?
You should apply for, and conduct, an enforcement hearing to find out the enforcement debtor’s financial information.
The enforcement hearing requires the debtor to complete a questionnaire and produce information for the court including pay slips, tax returns and bank statements.
Can a warrant be issued to seize and sell my real estate?
Yes, an enforcement warrant to seize and sell your property can be issued. You will also be liable for bailiff fees and advertising expenses to recover the debt specified in the money order.
Where can I lodge the enforcement warrant application?
You must lodge the application at the courthouse registry where the judgment or money order was made or registered.
Do I have to pay a filing fee to lodge the application?
No. There is no filing fee payable when lodging your application for an enforcement warrant but a bailiff execution fee may be required.
Bailiff’s can be employed by contacting the bailiff’s office in Brisbane or your local Magistrates Court.
You may need to pay an indemnity or a deposit of money (up to $2000) as security for costs the bailiff may incur while executing the warrant. However, this only applies for the seizure of property for sale.
Last updated Friday, 7 March 2008 11:09
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