You need a judgment from the court 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:
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.
You need two forms:
You can get copies of the forms from:
Uniform Civil Procedure Rules (UCPR) website.
The notice of motion has an affidavit attached.
You can fill out your form:
To fill in the notice of motion form you will need to have the following information ready:
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 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:
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.
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 office 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.
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:
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.
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 directly.
If 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
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.