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After assets or property is seized

If you have executed the Writ of Seizure and Sale (WSS) (the execution creditor) and do not receive any payment of the outstanding judgment debt from the other party (the execution debtor) within 7 days after the seizure of their assets or property, you may proceed with an auction sale of the seized assets or property.

What you will need

Refer to the following to find out the documents you will need to prepare before you file.

You will need to prepare the following before you file:

You will need to prepare the following before you file:

If your case is a...

You will need to file...

District Court, Magistrate's Court or tribunals case

The Request to Proceed with Auction

The Request must state the following:

  • The date of registration and expiry at the Singapore Land Registry of the order of court or WSS on the immovable property.
  • A copy of the order of court or WSS on the immovable property that has been served on the execution debtor.
  • Whether the immovable property is subject to any mortgage or charge, if applicable.
    • If the immovable property is subject to any mortgage or change, you will have to show that the mortgagee or chargee consents to the sale.
    • The bailiffs will not be required to proceed with the sale if the immovable property is subject to a mortgage or charge and the execution creditor is unable to produce the written consent of the mortgagee or chargee to the sale.

General Division of the High Court case

The Request to Proceed with Auction and the Request for Attendance of the Sheriff (Form 11, Supreme Court Practice Directions) (if required).

  • The date of registration and expiry at the Singapore Land Registry of the order of court or WSS on the immovable property.
  • A copy of the order of court or WSS on the immovable property that has been served on the execution debtor.
  • Whether the immovable property is subject to any mortgage or charge, if applicable.
    • If the immovable property is subject to any mortgage or charge, you will have to show that the mortgagee or chargee consents to the sale.
    • The Sheriff will not be required to proceed with the sale if the immovable property is subject to a mortgage or charge and the execution creditor is unable to produce the written consent of the mortgagee or chargee to the sale.
  • The names of 3 proposed law firms or lawyers, among whom the Sheriff will appoint 1 to act on its behalf in the sale of the immovable property.

How to file

You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.

You must follow the Rules of Court and the State Court Practice Directions or the Supreme Court Practice Directions to prepare your documents before heading down personally to do the filing.

Estimated fees

Refer to the following to find out the possible fees for filing and conducting an auction. You may also refer to Appendix B of the Rules of Court for the full list of court fees.

Filing fees

In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service

Fees

File the Request to Proceed with Auction

$10

Note

You will have to ensure that your submissions are free of administrative or clerical errors to avoid rejection.

If your documents are rejected after filing due to errors, rejection fees under the Rules of Court will be charged.

Other expenses

Refer to the following for possible expenses you may incur when conducting the auction.

Item or service

Fees

Court commission

To be informed by the State Courts Bailiffs Section

Auctioneer's fee

Market rate

Valuation charges

Market rate

Bailiff's attendance

$50 per hour or part thereof

Locksmith charges (for forced entry, if necessary)

Market rate

Transport expenses

Market rate

Auxiliary police charges

Market rate

Filing fees

In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service

Fees

File the Request to Proceed with Auction

$20

File the Request for Attendance of the Sheriff

$100

Note
You will have to ensure that your submissions are free of administrative or clerical errors to avoid rejection.

If your documents are rejected after filing due to errors, rejection fees under the Rules of Court will be charged.

Other expenses

Refer to the following for possible expenses you may incur when conducting the auction.

Item or service

Fees

Court commission (auction)

Minimum $100

Auctioneer's fee

  • (For immovable property) Refer to the panel of auctioneers to find out the fees.
  • (For movable property) $300 for lotting of items and 3% on the 1st $1,000 of the sale proceeds and 1.5% on the remaining sale proceeds.

Valuation charges

Refer to the panel of appraisers to find out the fees.

Bailiff's attendance

(9.00 am - 5.00 pm on weekdays, excluding public holidays)

  • (For claims up to $1 million) $50 per hour or part thereof
  • (For claims more than $1 million) $100 per hour or part thereof

Note: Fees will be doubled if the execution exceeds or is done after office hours stated.

After you file

Before fixing an auction date, the Sheriff or bailiffs may require a valuation report of all or some of the seized items to be prepared and submitted by an appraiser (if such a request was not made before the request for an auction was filed).

If the value of the assets or property seized is estimated to exceed $2,000, the sale must be (unless the Sheriff or bailiffs otherwise order):

  • Conducted by an authorised auctioneer.
  • Publicly advertised by the Sheriff or auctioneer 14 days before the date of sale.

The Sheriff or the bailiffs will conduct the auction instead if the assets or property seized is estimated to be less than $2000.

Refer to the following to find out the steps involved in appointing an appraiser and auctioneer, depending on which court your case is heard.

You are required to contact and appoint the auctioneer selected by the Bailiffs Section at least 7 days or 3 weeks before the auction date (whichever is required in the appointment letter).

The auctioneer will then collect from you a fee that they consider sufficient to cover their fees and expenses.

You or your lawyer (if any) must select an appraiser and auctioneer from the court's panel of appraisers and auctioneers.

You or your lawyer (if any) must then inform the Sheriff’s Office of your selection. This is so that the Sheriff’s Office can undertake the necessary administrative processes.

This is done by filing a request via eLitigation at the LawNet & CrimsonLogic Service Bureau. The Sheriff’s Office may either accept or reject your request on the appointment of the appraiser or auctioneer.

If your request is accepted, you are required to contact the appointed auctioneer at least 7 days or 3 weeks before the auction date (whichever is required in the appointment letter).

Fixing the auction date

In general, sales will be conducted by public auction between 9.00am and 5.00pm. A Notice of Sale (Form 91, Rules of Court) will be served by being posted, as far as practicable, at the place where the auction will be held at least 7 days before the date of the auction.

The auction date may be scheduled within 1 to 5 weeks from the date of service of the Notice of Sale, subject to availability of dates and the validity of the WSS. You will be informed of this auction date in a letter sent by the Sheriff's Office or the Bailiffs Section.

Unless there are exceptional reasons, requests for change of auction dates are generally not allowed.

After the auction

You may be able to recover your expenses if the proceeds from the sale of the seized items are sufficient to cover both the judgment debt and the expenses incurred for executing the WSS.

However, if the proceeds from the sale are insufficient to cover the expenses arising from the execution of the WSS, you will need to pay the balance outstanding whether through your deposit or otherwise.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to:
For State Courts: the Writ of Seizure and Sale video.
Legislation associated with this topic include Order 45 to 47 of the Rules of Court.
Refer to:

Related questions

Yes, items seized by the Sheriff or bailiffs will be auctioned during a Sheriff’s sale on a "as-is, where-is" basis. The notice of sale will be posted on the Sheriff's sales as well as at the place of seizure.

If the value of the goods to be auctioned exceeds S$2,000, an advertisement will also be published in The Straits Times. Payments for goods purchased are made in cash or any other modes as specified under the auction.
Notices of sale will be listed on the Sheriff's sales as well as in The Straits Times.
Go to Step-by-step guide

Step-by-step guide

File a Writ of Seizure and Sale

Be present on the day of seizure

Auction sale of the judgment debtor's items

2021/07/23

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