Enforcement warrants

An enforcement warrant helps you (the creditor) recover money owed to you under a court judgment or order.

If the person who owes you the money doesn’t follow the court’s order, you can apply for a warrant.

The court issues the warrant, and a bailiff (an authorised officer) carries it out.

The type of warrant issued by the court depends on the debtor’s financial situation, as revealed in their financial statement or during an enforcement hearing.

Types of warrants

The types of enforcement warrants you can apply for include:

• seizure and sale of property—taking and selling the debtor’s assets, like real estate or personal items (e.g. cars)
• redirection of debt— redirecting money owed to the debtor by someone else (e.g. funds in their bank account) to you
• regular redirection from financial institutions— ordering a fourth party (e.g. the debtor’s employer) to deposit earnings into a specific account. The financial institution will deduct money from that account and deposit it into an account for you.
• redirection of earnings—directing part of the debtor’s wages (usually through their employer) to you (also known as garnishing wages).

Other warrants include:

• recovery of possession of land
• delivery of goods
• seizure and detention of property
• charging orders on shares, bonds, etc. (only available in the Supreme Court).

When to apply for a warrant

You can apply for an enforcement warrant after the court has filed or registered the judgment or money order.

Applications must be made within six years, unless the court allows more time.

Warrants usually expire after one year but can be renewed if needed.

How to apply for a warrant

To apply for an enforcement warrant, follow these steps:

1. File or register the judgment or money order once the court has recorded it.
2. Complete Form 9—Application (UCPR) (DOC, 45.5 KB).
3. Complete and swear Form 74—Statement in support (UCPR) (DOCX, 31.4 KB) at least two business days before filing your application.
4. Fill out the specific form for the type of warrant you’re applying for
   • Form 75 - Enforcement warrant (seizure and sale) (DOC, 33.0 KB)
   • Form 76 - Enforcement warrant (redirection of debt) (DOC, 34.0 KB)
   • File Form 77 - Enforcement warrant (regular redirection) (DOC, 36.5 KB)
   • File Form 78 - Enforcement warrant (redirection of earnings) (DOC, 34.5 KB)

   Some warrants may need supporting documents.

5. File all documents at the courthouse where the judgment or money order was made or registered, or via QCase.
6. If you’ve applied for a warrant of seizure and sale, pay the bailiff’s execution fee to the court.
7. Wait for the court to decide whether to approve your application and issue a warrant, which usually takes about a week.

If your application is granted

1. Warrant is issued: The court issues the enforcement warrant, allowing specific actions to recover the debt.

   If it’s a warrant of seizure and sale, you’ll need to give the bailiff instructions.

2. Warrant is executed: A bailiff (authorised officer) carries out the warrant. You can arrange this through the bailiff’s office at your local courthouse.
3. Debtor is notified: The debtor is informed of the warrant and the enforcement action, usually through formal notice or serving the warrant.

   Warrants of redirection of earnings must be served not only on the debtor, but also their employer. Read more

   Warrants of regular direction from a financial institution must be served on the enforcement debtor and the financial institution.

4. Debt is recovered: The recovered money is sent to you (the creditor), minus any costs for executing the warrant.

If your application is refused

If the court refuses your application, you’ll be notified and told why.

Fees

• There’s no fee for filing an application for an enforcement warrant.
• Depending on the type of warrant, you may need to pay a bailiff execution fee.
• For warrants involving the recovery of possession of land or the seizure and sale of property, you must provide a security deposit of $3,000 or $3,500.

Enforcement creditor’s instructions

For certain enforcement warrants, you must give the bailiff instructions to help them execute the warrant. This applies to warrants for:

• seizure and sale of property
• recovery of possession of land

If you’re applying for one of these, you need to explain what you want the bailiff to do.

How to provide instructions

1. Complete the Enforcement creditor’s instructions (DOC, 94.5 KB) form.
2. File the completed form with the relevant court registry.

If the debtor is unable to pay

An enforcement warrant may not be practical if the debtor has proved they have no capacity to pay. In such cases, you might consider:

• Pausing enforcement efforts: Waiting until the debtor’s financial situation improves. The court’s money order remains enforceable for up to 12 years from the date of the judgment to take action to enforce the money order from the court.
• Writing off the debt: If recovery is unlikely or the cost of further action outweighs the benefit, you may decide to write off the debt.

You may wish to see legal advice regarding your options.

Changing or challenging a warrant

Both the creditor and the debtor can apply to the court to set aside, suspend, or vary an enforcement warrant.

To do this, you must complete and file the following forms, providing evidence to support your request:

• Form 9 - Application (UCPR) (DOC, 45.5 KB)
• Form 46 – Affidavit (UCPR)   (DOCX, 31.2 KB)

Common reasons include financial hardship for the debtor or new information about the debtor’s financial situation.