​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

​Writ for the delivery of goods

AlertYou need a judgment from the cou​rt before you can apply for writ for the delivery of goods.

​A writ for the delivery of goods is a court order that allows the sheriff to:

  • ​​seize (take) the goods and return them to you, or
  • recover the value of the goods by seizing other property belonging to the other party and selling it. 

A writ for the delivery of goods is valid for 12 months. 

If you want to apply for a writ for the delivery of goods, follow the steps in the guide on this page.

Icon: Page with numbered listWrit for the delivery of goods - Step by step guide​​​​​ 

​Step 1: Get the forms 

You need two forms:

  • ​Form 63 - Notice of motion - writ for the delivery of goods
  • Form 64 - Writ of delivery.

You can get copies of the forms from:

The notice of motion has an affidavit attached. 

Step 2: Fill out the forms

You can fill out your form:

  • ​​​by completing it on your computer
  • by printing the form and completing it in blue or black pen.

To fill in the notice of motion form you will need to have the following information ready: 

  • ​​Your case number. You will find this on your sealed copy of the statement of claim, which is the copy stamped by the court.
  • The name, address and telephone number of the person affected by the orders sought (the other party).
  • A sealed copy of the judgment.
  • A list of any goods that have been returned to you since the judgment.
  • Details of any payments made by the other party to you for the value of the goods.
  • Any costs you are claiming from the other party.
  • The address where you the goods are.
  • Information about how to contact the other party (if you know).
  • The best times to find the other party at home (if you know).
  • List of anything dangerous at the other party's home (if you know).

When you have finished filling out the form you need to swear or affirm it in front of an approved witness such as a solicitor, barrister or Justice of the Peace (JP). 

Instructions: Instructions for filling out the notice of motion – writ for the delivery of goods.
Sample: Sample notice of motion – writ for the delivery of goods.

To fill in the writ of delivery, you​ will need to have the following information ready: 

  • ​A list of the goods to be delivered.
  • An address where you think the goods are.
  • Any costs you are claiming from the other party.
  • If you are claiming money for costs or damages from the other person, you need to decide whether you want to ask the court to also make an order that the sheriff take and sell goods belonging to the other party (not the goods you want back) to cover this debt.
  • Information about how to contact the other party (if you know).

Instructions: ​​​Instructions for filling out the writ of delivery​.
Sample: ​Sample writ of delivery​. 

Step 3: File the forms

The final step is to take or send both forms to the court where the statement of claim was filed. You should file the original and two copies, one copy for you and one copy for the sheriff. 

There is no filing fee but you need to pay the court the sheriff's execution fee of $84.00 (as at 1 July 2017), which is paid at the time of filing. The sheriff will charge you this fee each time they visit an address. 

If the sheriff seizes goods (other than the goods you are trying to recover) to sell, a levy of 3% of the money made from auctioning will be charged. The sheriff may also add amounts for other expenses like towing a car. All of these amounts are payable by you but can be added to the judgment debt. 

The court will issue the writ without you or the other party attending court. The court will send the writ to the sheriff's of​fice nearest to the other party's address. The sheriff will contact you directly regarding the payment of any additional fees or if they have any problems executing the writ. If you cannot pay the additional fees, the sheriff may not take any further steps.

You do not have to provide the other party with a copy of the writ. 

Step 4: The sheriff serves the writ and takes the goods

The sheriff may contact the other party or go to their home to let them know about the writ. The sheriff may give the other party some time (for example, one week) to get some legal advice​ about the writ. 

If the other party does not take any action to stop enforcement, the sheriff will return and seize (take) the goods. 

When the sheriff goes to the other party's home with the writ, the other party has a number of options:

  • ​​Apply to set aside the judgment 

If you have a default judgment, it is possible that the other party did not receive the statement of claim. They might not know about the judgment until the sheriff arrives. The other party may make an urgent application to the court to set aside the judgment. 

For more information, see Responding to an application to set aside default judgment​. ​

  • ​​Offer to ret​urn the goods or pay for the value of the goods

The other party may contact you and offer to return the goods directly to you, or offer to pay you money for the goods.

If this happens, you should get legal advice​. You may still have to pay fees to the sheriff even if the other party returns the goods to you dire​ctly. 

AlertIf the court ordered that either the goods be returned or that the other party pay you for the value of the goods, you can apply to the court to change the order so that the other party does not have the option of paying for the value of the goods. If you want to do this, you should get legal advice​. 

  • Apply to the court for a stay of enforcement

The other party may apply to the court to stay (stop) the enforcement. They will have to provide the court with evidence of a good reason for the stay.