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Writ of Seizure and Sale PDF  | Print |  E-mail

A Writ of Seizure and Sale instructs the Court Bailiff to seize sufficient of the debtor’s unencumbered personal property, which will be sold to satisfy the amount of the Judgment. The Registrar of the court where the Judgment or Order was made and directed issues a Writ of Seizure and Sale to the Sheriff or Court Bailiff of the district where the debtor resides or is believed to have assets.

To obtain a Writ of Seizure and Sale, you will need:

  1. A copy of the Order or Judgment as entered and any other evidence necessary to establish the amount awarded
  2. A requisition to the Registrar to issue a Writ of Seizure and Sale directed to the Sheriff or Court Bailiff of a district. The requisition must set out:
    (a) The date and amount of any payment received since the order was made
    (b) The amount owing and rate of post-judgment interest
  3. A completed Form 60A (Writ of Seizure and Sale) directed to the Sheriff or Court Bailiff of a specific district.
  4. The Registrar’s fee for each Writ to be issued.

Be sure to obtain and file sufficient copies of Writs for each judicial district in which the debtor is believed to have assets because each Writ will only attach to the debtor’s assets located in that particular district. It may be that you might have to issue Writs of Seizure and Sale to Court Bailiffs in more than one area. Ask our local Court Bailiff about this. If you have issued Writs in any other district, you must inform each of the Court Bailiffs.

One must also ensure that the Judgment Debtor is properly named on the Writ. The Execution Act provides that a Writ will not bind the real property of an execution debtor unless the name set out in the Writ includes at least one given name in full.

When a Writ is delivered to the Sheriff or Court Bailiff, it binds all of the real and personal property within the jurisdiction of that Sheriff or Court Bailiff. “Binding” the debtor’s assets gives the Sheriff or Court Bailiff the legal right to seize them. However, the goods continue to be the property of the debtor until they are seized and sold by the Sheriff or Court Bailiff.

A Writ of Seizure and Sale remains in force for one year from the date of its issue and thereafter for an additional year from each renewal. In the case of Writs of Seizure and Sale issued from the Federal Court only, such Writs remain in force for six years from the date of issue.

 
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