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1. When can I enforce a judgment or order?
You can enforce a Judgment or Order against a defendant (or judgment debtor) when he fails to comply with the terms of the Judgment or Order.
2. How can I enforce a judgment or order?
You can enforce a Judgment or Order against a judgment debtor when he does not do what the Judgment or Order says he must do. A Judgment or Order for the payment of money can be enforced by the following methods:
- Writ of Seizure and Sale (WSS)
- Garnishee proceedings: where a judgment debtor is owed money from a third party ('the garnishee'). This method of enforcement has the effect of transforming the garnishee's obligation to pay money to the judgment debtor into an obligation to pay that money to the judgment creditor instead.
3. What is a WSS?
When a WSS is issued by the Court, the bailiff is directed to seize the movable property belonging to the judgment debtor, and thereafter to arrange an auction sale of the seized property. The proceeds of sale will be used to satisfy the judgment debt (after deducting the execution costs and the bailiff's expenses).
4. Who is a bailiff?
A bailiff is an officer of the Court empowered to carry into effect all writs of seizure and sale and Court Orders.
5. What do I need to consider before applying for a WSS?
You should confirm the amount of the judgment debt outstanding if partial payments have been made. In addition to this, it is prudent for you to find out:-
a) Whether there is/are other creditor(s) pursuing enforcement action against the execution debtor;
b) The present status of the execution debtor i.e. whether or not he is a bankrupt; and
c) Whether there are assets belonging to the execution debtor worth seizing.
d) For a) and b) above, you may wish to make a search through the Lawnet Service Bureau at 6th floor, Apollo Centre, or through a law firm. You should then decide on the place where you wish to have the WSS executed. This place should contain property belonging to the execution debtor.
6. How do I apply for a WSS?
As of 1 March 2000 onwards, with the implementation of Electronic Filing System (EFS), all Court documents involved in a civil action (except SCT Matters) have to be filed electronically from the comfort of a lawyer's office, or from any one of the two CrimsonLogic Service Bureaus situated in the High Court or near the Subordinate Courts (Apollo Centre, #06-01/11) respectively.
a) You should firstly obtain a set of the following documents from the Bailiffs Section:
- Checklist
- 3 copies of the WSS
- Request for Writ of Execution (duly stamped)
If you have an Order from the Small Claims Tribunals (SCT), you may also obtain the above documents from the registry of the Tribunals.
b) Fill in the above documents and attach a sealed copy (or an office copy) of the Judgment or Order to be enforced, to the documents. If you are executing an Order of the SCT, you should attach the original copy of the Order.
c) Proceed to the Stamp Office in front of the Bailiffs Section to have the following documents stamped upon payment of the requisite stamp fees. (only for SCT matters)
d) After the documents have been stamped, proceed to the Bailiff Counter and hand over all the following documents to the clerk: (only for SCT matters)
- Checklist (2 sets)
- Request for Writ of Execution (duly stamped)
- Writ of Seizure and Sale (3 sets - the original duly stamped)
- Sealed copy of the SCT or Order
7. What happens after a WSS number is issued?
The bailiff will fix a date to execute the WSS. You will be informed of the date by way of an Appointment Letter by post or fax (if a fax number is furnished). If you do not receive the Appointment Letter from the Bailiffs Section within three weeks after you file your documents, please contact the Bailiffs Section at Telephone No. 6435 5871. For SCT Bailiff matters, please call 6435 5872
8. Do I have to be present on the day of seizure?
Yes. Alternatively, you may authorise a representative to attend on your behalf. If you choose to do this, please remember to furnish a letter of authorisation. For companies, a letter of authorisation for the company's representative from the company is required.You or your representative will be required to furnish a letter of indemnity and be punctual on the appointed date, otherwise your appointment will be treated as cancelled.
9. What documents must be brought on the day of seizure?
You or your representative must bring the following:
- The Appointment Letter issued by the Bailiff, or its copy
- The Letter of Authorisation and indemnity duly typed and signed
Deposit payable in cheque to The Registrar, Subordinate Courts (the amount of deposit is indicated in the Appointment Letter)
10. What happens on the day of seizure?
You are required to provide transport for the bailiff (as and when the bailiff requires) to the place of execution and back to his office or to his next destination.
11 Can I request that the appointed date for the seizure of the property be changed?
Request for change of dates are generally not allowed.
12. What happens if I am absent on the appointed date?
If you do not have a good reason, the Registrar of the Subordinate Courts may not allow you to claim the stamp fees you have paid for that appointment from the judgment debtor. For a new seizure date to be issued, you will have to file a fresh Request and pay the requisite stamp fees again.
13. Can I recover the costs and expenses from the judgment debtor?
Your expenses incurred can be claimed in addition to the judgment debt unless the Court orders otherwise. Please note that if the amount realised from the execution is not sufficient to cover the execution expenses, they will be deducted from your deposit.
14. What happens after the seizure of the judgment debtor's property? The judgment debtor is given 7 days to settle the debt. If you do not receive payment of the outstanding debt, you need to write to the Bailiff-in-charge of your case to request for him to fix an auction date.The Bailiff may fix an auction date within 3 to 5 weeks from the date of service of the Notice of Sale. After the Bailiff informs you [by way of a letter] of the auction date, you are required to contact the auctioneer appointed by the Bailiff at least 7 days or 3 weeks before the auction date [whichever is required in the said letter]. The auctioneer will collect from you a deposit which he considers sufficient to cover his fees and expenses [see below]
15. What are the expenses in executing a WSS?
a) Bailiff's attendance fee of $50.00 per hour or part thereof will be levied when executing the writ;
b) A Court commission will be charged if the bailiff successfully seizes items belonging to the judgment debtor. The minimum amount of commission is $50.000
c) If the estimated value of the seized items is $2000.00 or below, the auctioneer's fee will be $150.00 (minimum). If the estimated value of the seized items is above $2000.00, the auctioneer's fee will be $800.00 (minimum)
16. What happens if you are absent or do not want to proceed with the auction sale on the appointed date of auction?
The bailiff and/or auctioneer will not proceed with the auction sale. The bailiff may at his discretion release any or all of the items seized.
17. What happens if parties claim ownership to the seized property?
Where another party alleges that the seized items belong to him/her and not the judgment debtor, the Court will have to adjudicate as to who the rightful owner of these items is. This is by way of an Interpleader Summons and heard at an "Interpleader Hearing". At the Interpleader Hearing, the party claiming the seized items will have to prove that the seized items belong to him/her. If he/she fails to do so, the Court will order that the disputed items be auctioned off in satisfaction of the judgement debt.
Note: This pamphlet is for your general information only. If you require more detailed information, you are advised to consult a lawyer
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