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Before you file

If you are filing the Writ of Possession, you are the judgment creditor.

The other party is the judgment debtor.

Before you file a Writ of Possession, make sure you:

What you will need

You should prepare the following before you file:

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 executing a Writ of Possession. 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 and CrimsonLogic Service Bureau.

Item or service

Fees

File a Writ of Possession

$155

Submission of the Undertaking, Declaration and Indemnity Form

$10

Request for a date to be appointed for execution

$50

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.

Execution fees

Refer to the following for possible expenses you may incur when executing the Writ of Possession.

Item or service

Fees

Deposit

Minimum $400

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

If you decide not to continue with the execution of the Writ of Possession after filing, you will not be able to:

  • Get a refund of the filing fees.
  • Claim the filing fees or other expenses from the judgment debtor.

Filing fees

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

Item or service

Fees

File a Writ of Possession

$270

Submission of the Undertaking, Declaration and Indemnity Form

$10

Request for a date to be appointed for execution

$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.

Execution fees

Refer to the following for possible expenses you may incur when executing the Writ of Possession.

Item or service

Fees

Deposit

Minimum $400

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

If you decide not to continue with the execution of the Writ of Possession after filing, you will not be able to:

  • Get a refund of the filing fees.
  • Claim the filing fees or other expenses from the judgment debtor.

Filing fees

Refer to the table for the filing fees if your claim is up to $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet and CrimsonLogic Service Bureau.

Item or service

Fees

File a Writ of Possession

$500

Submission of the Undertaking, Declaration and Indemnity Form

$20

Request for a date to be appointed for execution

$100

Refer to the table for the filing fees if your claim is more than $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet and CrimsonLogic Service Bureau.

Item or service

Fees

File a Writ of Possession

$1000

Submission of the Undertaking, Declaration and Indemnity Form

$50

Request for a date to be appointed for execution

$200

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.

Execution fees

Refer to the following for possible expenses you may incur when executing the Writ of Possession.

Item or service

Fees

Deposit

  • (For claims up to $1 million) $50
  • (For claims more than $1 million) $100

Note: If the deposit is not sufficient to cover the cost of execution, a letter will be sent at the end of the execution for top-up payments.

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.

Note
You will have to arrange for a locksmith, transportation and security at your own costs.

If you decide not to continue with the execution of the Writ of Possession after filing, you will not be able to:

  • Get a refund of the filing fees.
  • Claim the filing fees or other expenses from the judgment debtor.

After you file

If your documents are accepted, the court will inform you by an appointment letter of the date and time on which the Writ of Possession will be executed.

You will be the execution creditor and the other party is the execution debtor.

If you do not receive the appointment letter within 3 weeks after filing your documents, you may contact the Sheriff's Office (for General Division of the High Court cases) or the Bailiffs Section (for District Court and Magistrate's Court cases).

The court will also issue a Notice of Eviction to the execution debtor. The Notice of Eviction will inform the execution debtor (and the occupants of the property, if applicable) that they need to vacate the land or premises by the date and time stated.

The Notice of Eviction may be issued before or on the day of execution. If the Notice of Eviction is issued before the day of execution, it will also state the date and time for the eviction to be carried out.

Validity of a Writ of Possession

A Writ of Possession is valid in the first instance for 12 months beginning from the date of the issue.

If the Writ of Possession has not been fully executed (if the transfer of possession of the immovable property by the Sheriff to the judgment creditor is not complete), you may wish to apply to renew the Writ of Possession via eLitigation.

If successful, the court may renew the Writ of Possession for up to 12 months.

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

Legislation associated with this topic include Order 45 and 46 of the Rules of Court.

Refer to:

Go to Step-by-step guide

Step-by-step guide

File a Writ of Possession

Be present on the day of possession

2021/07/23

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