A Writ for the Levy of Property is an order to a sheriff to 'seize' (take) and sell, at auction, personal property (not land) belonging to the debtor. The money from the sale of the goods is used to pay the judgment debt owed to you.
A Writ for the Levy of Property is valid for 12 months. If the writ expires and you still haven't recovered all of your money, you can apply for another writ.
The rules regarding Writs for the Levy of Property are set out in Rules 39.1 - 39.20 of the
Uniform Civil Procedure Rules 2005.
It can sometimes take the sheriff a few months to act on the Writ for the Levy of Property.
For information on how to get a Writ for the Levy of Property, see
Writ for the Levy of Property - Step by step guide and
Writ for the Levy of Property - Frequently Asked Questions.
There is no filing fee for the Notice of Motion - Writ for the Levy of Property.
The sheriff executes (carries out) the writ. The sheriff charges $82.00 (as at 1 July 2016) for each address they visit, and for each time they visit an address.
The sheriff also charges a levy which is 3% of the money made from auctioning the seized goods (as at 1 August 2015). The sheriff may also add amounts for other expenses like towing a car. These amounts are added to the judgment debt.
The sheriff's fees change from time to time. Check the
current sheriff's fees.
It can be a shock to a judgment debtor when the sheriff comes to their home with a Writ for the Levy of Property. When this happens the judgment debtor could:
If you have a default judgment, it is possible that the judgment debtor did not receive the Statement of Claim. They might not know about the judgment until the sheriff arrives. A judgment debtor in this position may wish to 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.
After the sheriff contacts the judgment debtor, the judgment debtor may apply to the court to pay the debt by instalments. The first application to pay by instalments will act as a stay of enforcement. This puts all enforcement action, including the Writ for the Levy of Property, on hold until the court makes a decision about the application to pay by instalments. Second and later instalment applications do not automatically stay enforcement.
You will be notified by the court if it accepts the judgment debtor's instalment application. If you disagree with the instalment order made by the court you can file an objection within 14 days of being notified. If you file an objection you will have to go to a short hearing at court about the instalment application.
For more information on how to object to an instalment application, see
Instructions on filling out a Notice Of Motion - Objection to Instalment Order and
Sample Notice of Motion - Objection to Instalment Order.
If the court makes an instalment order, you cannot enforce the debt as long as the judgment debtor keeps paying the instalments
The judgment debtor may disagree with the outstanding amount of the judgment debt as stated in the writ. If you and the sheriff don't change the amount claimed, the judgment debtor can ask the court for an urgent 'ex parte' order for a stay of enforcement. This is a temporary order stopping you from enforcing the judgment, made without you being notified or being at court.
You will later get a chance to explain in court why the amount in the writ is correct. If this happens, you should get
For more information, see
Stay of proceedings/stay of enforcement.