If you have failed to comply with an order or judgment to pay a certain sum of money to a party (the execution creditor), the party may file and execute a Writ of Seizure and Sale (WSS) against you.
A WSS enables an enforcement officer of the court (the Sheriff) and officers who are empowered under the Sheriff's authority (the bailiffs) to seize and sell your assets or property to satisfy the debt owed to the execution creditor.
You will be known as the execution debtor.
If the execution creditor obtains a WSS against you, you may apply for a stay of execution. A stay of execution temporarily prevents the execution creditor from enforcing the judgment and executing the WSS.
You may apply for a stay of execution if:
The affidavit should state the following information:
Find out how to prepare an affidavit.
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.
The summons and a copy of the supporting affidavit must be served on the execution creditor before the date of hearing of the stay of execution application.
If the Sheriff or the bailiffs, and the execution creditor (or their representative) arrive at your place of residence or premises to execute the WSS, you should observe certain rules to facilitate the seizure process.
You should not...
The Sheriff or the bailiffs will not be able to seize the following items by law:
After your assets or property has been seized, you have 7 days to settle the outstanding debt with the execution creditor.
If the debt is not settled, the execution creditor may notify the Sheriff or the bailiffs to arrange for an auction to sell your seized assets or property.