A Writ for the Delivery of Goods is an order to the sheriff to:
It can sometimes take the sheriff a few months to act on the Writ for the Delivery of Goods.
For information on how to get a Writ for the Delivery of Goods, see
Writ for the Delivery of Goods - Step by step guide.
There is no filing fee for the Notice of Motion - Writ for the Delivery of Goods. 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.
Where the sheriff seizes goods (other than the goods you are seeking to recover) to sell, a levy of 3% of the money made from auctioning will be charged (as at July 2013). 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 sheriff's fees change from time to time. Check the
current sheriff's fees.
When the sheriff attends the defendant's home with a Writ for the Delivery of Goods, the defendant has a number of options:
If you have a default judgment, it is possible that the other person did not receive the Statement of Claim.
They might not know about the judgment until the sheriff arrives. A person in this position may wish to make an urgent application to the court to set aside the judgment. They will usually also ask the court for a stay of enforcement. This is a temporary order stopping you from enforcing the judgment.
For more information, see
Responding to an application to set aside default judgment.
The other person 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 defendant returns the goods to you directly.
The defendant may apply to the court to stay (or 'suspend') the enforcement. If there is a good reason for staying enforcement, the defendant will have to provide the court with evidence in the form of an affidavit.
If you are also seeking to enforce a judgment for money (for example for damages or for costs), the defendant may apply to pay this part of the judgment by instalments.
You will be notified by the court if it accepts the defendant'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:
If the court ordered that either the goods be returned or that the defendant pay for the value of the goods, you can apply to the court to change the order so that the defendant does not have the option of paying for the value of the goods. If you want to do this you should get