If you are the party who applied for a Writ of Seizure and Sale (WSS) (the execution creditor) against another party (the execution debtor), you will be informed of the date and time on which the WSS will be executed by an appointment letter from the Sheriff’s Office or Bailiffs Section.
On the day of seizure, you must:
If you are unable to attend, you may authorise a representative to attend on your behalf.
If you wish to change the appointment date, you will have to apply for a new date by filing a Request for Date to be Appointed for Execution (Form 89, Rules of Court) at the LawNet & CrimsonLogic Service Bureau and pay the required fees where applicable.
In general, requests for change of date of seizure are generally not allowed unless you have valid reasons.
You will need to bring along the following documents on the day of seizure:
You will have to hand the documents over to the Sheriff or bailiff assigned to your case (as indicated in the appointment letter).
Depending on the circumstances, the execution of the WSS may or may not be successful at the first attempt.
After a successful seizure, the bailiff may serve the following documents on the execution debtor:
These documents may be:
For District Court, Magistrate's Court and tribunals cases, the execution is deemed unsuccessful if the premises are not accessible or if the execution debtor refuses or resists the execution of the WSS. In general, the bailiff will not exercise their power of forced entry onto the premises on the first attempt at execution.
If execution of the WSS was not successful on the first attempt and if you wish to request for another appointment to execute the WSS, you will have to apply for a fresh date by filing the Request for Date to be Appointed for Execution (Form 89, Rules of Court) and pay the required fees where applicable for a new appointment date to be issued.
The bailiff may exercise their powers of forced entry onto the premises on the second or subsequent attempts. In practice, forced entry is only conducted with the assistance of a professional locksmith.
For General Division of the High Court cases, the Sheriff or the bailiff may exercise their power of forced entry onto the premises on the first attempt at execution. A locksmith may be engaged to enter the premises.
If necessary, you will be required to engage the services of a locksmith on your own and at your own cost.
The Sheriff or the bailiff will not be able to seize the following items by law:
The execution debtor is given 7 days to settle all sums owed to you. If you do not receive any payment on the outstanding judgment debt after the seizure, and if you wish to proceed with an auction sale of the seized items, you will have to apply by filing the Request to Proceed with Auction and pay the required fees, where applicable.
In some situations, another party (the claimant) may claim that the seized items belong to them and not the execution debtor. The claimant may then file a claim and if you dispute the claim to ownership by the claimant, you will have to file an Interpleader Summons at your own cost.
You and the claimant will have to attend court for an Interpleader Summons hearing where the court will determine who is the rightful owner of the property. The claimant must prove that they are the rightful owner failing which the court may order the auction sale to proceed.