c. whether there is any asset or item belonging to the Judgment Debtor worth seizing; andd. A monetary judgment may be enforced by way of a writ of seizure and sale (“WSS”) for the judgment debtor’s movable property, immovable property and/or … You must be punctual for the appointment. If you are late, your appointment may be cancelled without further notice. After leave of court is obtained, you may proceed to apply for a WSS via eLitigation (as mentioned above). 45 r 12(1), the writ must be in the Form prescribed, namely Form 84 or 85. Generally, most types of movable and immovable property can be seized, with the exception of the following: Also, an HDB flat cannot be seized without approval of HDB. For example, the affidavit could state and justify the Judgment Debtor’s belief that the assets which have been seized by the Judgment Creditor are likely to be dissipated by the Judgment Creditor. Unless there are exceptional reasons, requests for change of dates are generally not allowed. Such circumstances would include the fact that the Judgment Debtor intends to appeal (i.e. The Bailiff will then advise you which items cannot be seized. This option may be considered if the Judgment Creditor is reasonably certain that the Judgment Debtor has physical assets of sufficient value that may be sold to recover the costs of enforcement, and pay the amount owed as stated in the court Judgment. (A sample of the Letter of Authorisation and Indemnity will be provided with the Appointment Letter). Foo Yuet Min is a director in the dispute resolution department of the firm who regularly appears before the Singapore courts. Sometimes it works, sometimes you're left out of pocket. Please email if you would like us to respond to your enquiries. You are being redirected to an external source. - If your documents are rejected upon filing due to error(s), rejection fees under the Rules of Court will be charged. Any person who sells or abets the sale of any property seized under a writ of distress in contravention of the provisions of this Act or of the Rules of Court relating to the sale of property seized under a writ of distress shall be guilty of an offence and shall be liable on conviction to a … 21 Order for sale of ship: Determination of priority of claims (O. Applications are to be made via the Integrated Electronic Litigation System (eLitigation) either from a lawyer's office, or from any one of the two CrimsonLogic Service Bureaux situated in the High Court or near the State Courts (at 133 New Bridge Road, #19-01/02 Chinatown Point Singapore 059413). In 1998, the Law Awareness Committee of the Law Society of Singapore produced the first of the “Know The Law” booklets. 75, r. 2) 3 Writ of distress (O. Its just the way it is. However, leave of the court will be required if: Where leave of the court is required, application for leave must be made by ex parte summons supported by an affidavit. Enforcement of Court Judgments and Orders in Singapore, How to Get a Writ of Seizure and Sale to Enforce a Judgment. The valuation charges are to be borne by Judgment Creditor. You may also need to cover the Bailiff’s transport expenses, should this be requested by him/her. of any party. These include issuing a Writ of Seizure and Sale, Garnishee Order, Charging Order and Appointment of a Receiver to take charge of enforcing the judgment. (i) Writ of Seizure and Sale 16. The grounds of this application are stated in the affidavit. claims, the party in whose favour a Judgment or Order is granted is responsible
May be extended for another 12 months if not wholly executed and application must be made before the writ expire. If you do not receive any payment on the outstanding judgment debt after the seizure, and if you wish to proceed with an auction sale of the seized items, you will have to apply by filing the
CrimsonLogic Service Bureau. Some checks that you may wish to make are: a. whether other enforcement actions are pending against the Judgment Debtor;b. whether the Judgment Debtor is a bankrupt (if an individual) or has been wound up (if a business entity);
Time and date of execution fixed. A WSS is one of the options available for the enforcement of a Judgment or Order. Read our other article for more information on writs of seizure and sale in Singapore. There is no guarantee that a WSS will be executed successfully, or that you will recover the amount owing to you or the expenses you have incurred for the execution or that you will recover any money at all. The Bailiff may require a valuation of all or some of the seized items and for a valuation report to be prepared and submitted before fixing the auction date. These include issuing a Writ of Seizure and Sale, Garnishee Order, Charging Order and Appointment of a Receiver to take charge of enforcing the judgment. Writ of Seizure and Sale delivered to bailiff and endorsed by bailiff the day, hour and minute of delivery. Writ of Seizure & Sale is your best option. If the premises are not accessible or if the Judgment Debtor refuses/resists the execution of the WSS, the Bailiff will serve or leave a notice at the premises. 70, r. 21) 21) 22 Appraisement and sale of property (O. Law 2016-06-01T09:26:54+08:00 In the recent decision of BYX v BYY SGHC 237, the Singapore High Court ordered that the Sheriff proceed with the sale of an immovable property which was subject to a Writ of Seizure and Sale without the mortgagee’s consent. The Judgment Debtor’s premises may be accessed in order to seize his/her property. In Ong Boon Hwee v Cheah Ng Soo and another [2019] SGHC 65, the Singapore High Court considered whether a joint tenant’s interest in immovable property is exigible to a writ of seizure and sale. How much is the outstanding judgment debt? An affidavit is a signed statement made on oath. 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