Civil warrants - Civil
How does a creditor apply for a warrant?
A creditor can apply for a warrant by:
- applying to the registrar of the court where the judgment or order was filed
- supporting the application with an affidavit or statement
- completing the relevant warrant form.
The creditor doesn’t need to give notice to another party.
How quickly should the creditor apply for a warrant after the court order is made?
Unless granted leave of the court, an application for the issue of a warrant must be made within six years of the judgment or order.
Is a formal hearing necessary to issue a warrant?
Unless the court or registrar directs otherwise, the application can be processed without a formal hearing.
When does the warrant expire?
Unless it states otherwise, a warrant expires one year after it is issued. It can be renewed if necessary.
What is a letter of instructions?
A letter of instructions tells the sheriff or deputy registrar what the enforcement creditor wants the enforcement officer to do.
The creditor must lodge a letter of instructions at the court registry.
What should the letter of instructions contain?
The letter of instructions should contain as much information as possible to facilitate the enforcement of the warrant including:
- where the enforcement debtor is located
- full descriptions and locations of any property, vehicles etc.
- the street address of the land/premises
- the contact name and phone number of any agent of the enforcement creditor who can take possession of the property.
If no action is required to enforce the warrant, a letter of instructions to that effect is still required.