Steps to follow
Warrants of seizure and sale - Civil
- Unless the court grants leave, the application for the issue of a warrant must be made within six years of the order. After this time, but before twelve years have passed, an application must be made to the court before enforcement can occur.
- A copy of the Form 75 - Enforcement warrant for seizure and sale (two copies: one for filing and one for the creditor) (UCPR) must be attached to a Form 9 – Application (UCPR) and filed at the court registry.
- A Form 74 – Statement in support (UCPR), sworn no more than two business days before the date of filing the application, must also be filed, disclosing:
- the date and amount of the money order
- the date and amount of any payment made under the order
- the costs incurred in previous enforcement proceedings
- any interest due on the date the statement is sworn and the daily amount accruing after that date
- any other details necessary to:
- calculate the amount payable under the order on the date the statement is sworn
- show how the amount is calculated
- A letter of instruction to the bailiff is required before any action can be taken. It must state whether the warrant is to be executed and provide details of a contact person and phone number.
- If action is requested, the bailiff will require:
- a security deposit (check with the court registry)
- a clear copy of a current title search showing all encumbrances including the date of the registration of warrant on the title deed
- the last known address of the debtor
- the full residential address of the property and the name and address of the owner/s (Queensland Valuation and Sales property search)
- the payout figure from a financial institution
- an independent valuation of the property with comparisons to similar properties sold in that area.
- Certified copies of the warrant may be ordered if required.
- The warrant is issued for one year or lesser time as requested or ordered.