Debt recovery: What is a Writ of Execution?

9-March-2013 Commercial Disputes By Mark Streeter

The most common mode of enforcing the judgment debt against an individual judgment debtor or a company judgment debtor is to issue a Writ of Execution. This is a direction to the Sheriff or Bailiff to attend a given address (usually the home address for an individual or the principal place of business for a company) and take items belonging to the debtor, to be sold at public auction for the benefit of the creditor.

The Sheriff has the power to seize a wide range of goods, including furniture, motor vehicles, boats, household appliances, art, jewellery, stock on hand, office equipment and other goods found at the address belonging to the judgment debtor.

After the Sheriff has tagged the debtor’s goods, he or she will notify the creditor of the goods found and request payment of further fees which may be required to continue with the execution.

Once any fees are paid, the Sheriff will send a final notice to the debtor advising that if the debt is not paid by a certain date, the goods will be taken and sold at public auction. Such notification will include the original judgment debt, interest and the costs of the Writ of Execution.

After the goods have been taken away from the debtor’s premises, the Sheriff will proceed to sell the goods and any proceeds will be forwarded to the creditor, after the deduction of the Sheriff’s fees.

Writ on land

All Courts now permit land to be taken under a Writ of Execution. It can be lodged at the NSW Government’s Land and Property Information office and can be issued once the writ is issued to the Sheriff.

The Writ on land is not the same as a Caveat. It does not give an interest in the land, as the creditor is unsecured, not secured. The writ can be stayed if an application is made by the debtor to pay by instalments.

Found this article useful? Feel free to share it!

Written by Mark Streeter

Mark Streeter

The Director of Streeterlaw, Mark has been practicing Law since 1994. He has attained his Masters of Law in 1999 and in 2006 was awarded his Specialist Accreditation in Commercial Litigation. Mark is a member of ARITA, a graduate of the AICD and a member of AICM. A member of STEP, Mark enjoys working in the area of Wills and Estates. In 2020 Mark is the Chair of STEP NSW.

Call us on 02 8197 0105 to book an appointment with Mark Streeter!

Was this post helpful?

Need help with resolving or preventing a dispute?

Request a call with one of our experienced solicitors now!

Brief description of your situation

* Required