​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 |

Responding to a Writ for the Delivery of Goods

A Writ for the Delivery of Goods is a court order that directs the sheriff to take the goods listed in the judgment, to be returned to the plaintiff, and deliver them to the plaintiff. The court order can also direct the sheriff to take other property and sell it. The money raised from the sale pays for any money amount in the judgment (for the value of the goods not returned or returnable, damages or legal costs) plus the costs paid by the plaintiff to have the writ issued and carried out.

This page covers the following topics:


    AlertIf the sheriff has contacted you about a Writ for the Delivery of Goods, you should get legal advice​.

    Handy hint iconFor some people, the first time they find out there is a court claim against them is when the sheriff comes to their home with a Writ for the Delivery of Goods. If you have never received any court papers about the debt, you should call the Local Court listed on the Writ and get a copy of the Statement of Claim.

    If you don't agree with the judgment, you can apply to have the judgment against you set aside. For more information, see Applying to set aside default judgment - Step by step guide​.

    What happens when the court makes a Writ for the Delivery of Goods?

    When the court issues a Writ for the Delivery of Goods, it is sent to the sheriff’s office that is the closest to your address. The sheriff may either come to your property to seize the goods, or contact you first to provide you with the opportunity to get legal advice.

    The Writ for the Delivery of Goods may also include an order that the sheriff seize other goods that belong to you in order to pay for legal costs, for the replacement value of goods, or damages. This is called a ‘Writ for the Levy of Property’.

    For more information about what you can do if there is a levy of property, see Responding to a Writ for the Levy of Property.

    What you can do

    If the sheriff comes to your home or contacts you, they may allow you an opportunity to try and stop the goods being taken, which you may do by:

    • trying to negotiate with the plaintiff
    • applying to set aside default judgment
    • applying to the court for a stay of enforcement (also called a stay of proceedings).

    Alert iconIf you no longer have the goods or they have been damaged or destroyed, you should get legal advice.

    Negotiate with the plaintiff

    The plaintiff can instruct the sheriff not to proceed with enforcement if you and the plaintiff can come to some agreement. The plaintiff may stop the enforcement if you:

    • return the goods to the plaintiff and pay their costs
    • offer to pay to the plaintiff an amount of money that compensates them for the loss of the goods, and possibly their costs as well.

    For more information on negotiating with the plaintiff (who is also know as the creditor), see Negotiating with the creditor after judgment.

    Applying to set aside default judgment

    If you did not file a defence and the plaintiff got default judgment against you, you can apply to the court to set aside default judgment. In your application, you will need to explain to the court:

    • why you did not file a defence within 28 days of receiving the Statement of Claim
    • what your defence is to the claim.

    For more information, see Applying to set aside default judgment - Step by step guide.

    Applying to the court for a stay of enforcement

    If you need some time to make the goods available or to pay compensation, damages or costs, you can apply to the court for a temporary order stopping the sheriff taking your property. This is called applying for a stay of enforcement, sometimes called a stay of proceedings.

    For more information see:

    Costs

    You may notice that the amount owed increases depending on how far the sheriff has gone to try to seize and deliver the goods.

    When the sheriff first seizes the goods, you may also owe money for:

    • any judgment amount for costs, interest, damages or compensation awarded
    • any court and enforcement costs the judgment creditor has paid from the time of the judgment to the time of enforcement.

    The sheriff may also seize other property belonging to you, to be sold to pay for the money owing.

    Alert iconThe sheriff will charge the plaintiff each time the sheriff tries to execute the writ, and this will be added to the money you owe the plaintiff under the judgment.

    For more information about costs in a recovery of goods case, see Legal costs in the ‘Recovery of goods’ section of this website.