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About Writs of Delivery

In a civil case, the court may order a party to surrender (also known as deliver up) a specific movable property to another party. The party who needs to surrender the movable property is the judgment debtor, while the party who should receive the movable property is the judgment creditor.

The court may also order that the judgment debtor has the alternative of paying the assessed value of the specific movable property.

If the judgment debtor does not comply with the order or judgment, the judgment creditor may file a Writ of Delivery. A Writ of Delivery directs an enforcement officer of the court (the Sheriff) and officers who are empowered under the Sheriff's authority (the bailiffs) to seize the specific movable property from the judgment debtor and deliver it to the judgment creditor.

What you will need

You should prepare the following before you file:

How to file

In general, you do not have to obtain the court's leave (permission) to file a Writ of Delivery unless any of the following applies to your case:

  • 6 years or more have elapsed since the date of the order or judgment.
  • There is any change to the judgment creditor or judgment debtor, whether by death or otherwise.
  • The judgment or order is against the assets of a deceased person and these assets are in the hands of the deceased person’s executors or administrators.
  • The judgment or order provides that any person is entitled to relief if a condition is fulfilled, and the condition has been fulfilled.
  • Any movable property to be seized is in a receiver’s hands.

If leave is required, you will have to apply for leave by filing a summons prepared in accordance with Form 86 of the Rules of Court.

Your summons must be supported by an affidavit. The affidavit should contain the following information:

  • The court order or judgment.
  • (If a money order or judgment is issued) The amount originally due under the order or judgment and the remaining amount due at the date of the application.
  • (If there is any change in the parties since the date of the order or judgment) The change that has taken place in the judgment creditor or judgment debtor.
  • (If 6 years or more have elapsed since the date of the order or judgment) The reasons for the delay in enforcing the order or judgment.
  • (If the judgment debtor is deceased and their assets are in the hands of their executors or administrators) The evidence to show that a demand was made to the judgment debtor's executor or administrator to satisfy the order or judgment and the judgment debtor's executor or administrator refused or failed to do.
  • (If a person is entitled to relief under the order or judgment upon satisfying any condition) The evidence to show that a demand was made to the person to satisfy the order or judgment and the person refused or failed to do.
  • Any other information to satisfy the court that you are entitled to execute the judgment and the judgment debtor is indeed liable to pay the judgment debt.

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 summons and affidavit through eLitigation at the LawNet and CrimsonLogic Service Bureau.

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

After you file

If your application is accepted by the court, you will receive a sealed copy of the documents. This will include the date, time and venue of a hearing that you must attend.

If the court grants you leave at the hearing, you may proceed to extract an Order of Court and file a Writ of Delivery.

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 & CrimsonLogic Service Bureau.

You must follow the Rules of Court and the State Courts 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 Delivery. 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 a Writ of Delivery

$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 Delivery.

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 Delivery 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 & CrimsonLogic Service Bureau.

Item or service

Fees

File a Writ of Delivery

$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 Delivery.

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 Delivery 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 & CrimsonLogic Service Bureau.

Item or service

Fees

File a Writ of Delivery

$500

Submission of the Undertaking, Declaration and Indemnity Form

$20

Refer to the table for 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 & CrimsonLogic Service Bureau.

Item or service

Fees

File a Writ of Delivery

$1000

Submission of the Undertaking, Declaration and Indemnity Form

$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 Delivery.

Item or service

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.

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 Delivery 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 on which the Writ of Delivery will be executed.

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).

Validity of a Writ of Delivery

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

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

If successful, the court may renew the Writ of Delivery 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:


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