Warrant for property seizure

According to the Magistrates’ Court website, this is the most commonly used enforcement procedure.

Under this process, on application by the creditor in response to an unpaid judgment debt, the court issues a Warrant to Seize Property directing the sheriff to attend a Victorian premises where the debtor has assets. If payment is not made, the sheriff can seize certain assets belonging to the debtor sufficient to satisfy the debt.

If a client comes to you once they have received a warrant for seizure of their goods, their options include:

  • repaying the money owing;
  • negotiating with the creditor about payment of the debt (also call or write to the sheriff to inform them that you are attempting to negotiate and explaining your client’s hardship and asking that they postpone the seizure while these negotiations are on foot);
  • applying for an instalment order (refer to your client’s options); or
  • obtaining the sheriff’s permission to try to find a private buyer for the goods (the client may get a better price for the goods this way).

Refer to warrants to seize property regarding what can and cannot be seized.  You should explain these limitations to your client so that they understand what could be seized and what cannot be.

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