Writ of Possession

When any Singapore Court orders the losing party to pay the winning party money, the winning party is faced with a big problem – the judgment in the winning party’s favour does not mean that the Court will enforce it. Enforcement of the judgment is left to the winning party.

This means that if you are faced with a losing party that refuses, fails or is unable to pay according to the court judgment in your favour, you would have to commence enforcement proceedings.

In this article, we seek to discuss one of the enforcement procedures available to you – a Writ of Possession.

What is a Writ of Possession?

When you file a Writ of Possession, it basically means that you (Judgment Creditor) are requesting the courts to seize and sell immovable property belonging to the losing party (Judgment Debtor) to pay the judgment debt.

Instead of seizing and selling moveable property of the Judgment Debtor under a Writ of Seizure and Sale, a Writ of Possession enables the court’s Sheriff/Bailiff to take possession of immovable property owned by the Judgment Debtor like land, buildings, apartments and factories in order to recover debts owed to the Judgment Creditor.

For example, if the Judgment Debtor, who owns a private apartment, failed to comply with an order of the Court to pay a certain sum of money to the Judgment Creditor, the Judgment Creditor can apply to court for an order to seize the apartment and have it sold to satisfy the debt.

Writs of Possession are also commonly used by landlords to recover vacant possession of rental premises when their tenants refuse or fail to pay the rent. The Writ of Possession is most suitable for landlords who have already decided to terminate the lease due to protracted or multiple failures or refusals of the tenants to pay their rent.

Factors to Consider Before Commencing a Writ of Possession

  • How much is the outstanding judgment debt
  • Whether other enforcement actions are pending against the Judgment Debtor
  • Whether the Judgment Debtor is a bankrupt (if an individual) or has been wound up (if a business entity)
  • Whether there is any immovable asset belonging to the Judgment Debtor worth seizing (e.g. land, buildings, factories, etc.)

A qualified and experienced lawyer would be able to advise you on the above factors, and obtain answers for you so that you may decide whether a Writ of Possession is the right way forward to receive your dues under the Judgment.

For you to receive your dues, the Writ of Possession must be executed successfully, and what you seize must be equivalent to or more than the sums claimed as well as costs for the execution of the Writ of Possession. Do consider carefully and enlist the help of a lawyer for you to do your sums. In some cases, Judgment Creditors who take out a Possession do not recover enough to even cover the costs of their lawyers and the costs of executing the Writ of Seizure and Sale. Some may face a tough fight from the Judgment Debtor, who contests the Writ of Possession in court.

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The Process for Writs of Possession

  • Your lawyer would make an application through the Integrated Electronic Litigation System.
  • If your application is successful, the Sheriff’s Office will inform you via an Appointment Letter of the date on which the Writ will be executed.
  • On the appointed date, either you or your representative (or lawyer) must attend at the Bailiffs Section of the State Courts with the following documents:
    • The Appointment Letter
    • The attendance fee payable by way of cheque drawn in favour of “The Sheriff of Singapore”
    • A signed Letter of Authorisation and Indemnity duly signed by you.
  • The Sheriff’s Office will issue a Notice of Eviction to the judgment debtor, informing him of the date and time for eviction to be carried out. The Notice serves to inform the occupant to vacate the land or premises.
  • On the appointed date and time indicated in the Notice of Eviction, the Sheriff and/or Bailiff will enter into the premises and take possession of the property. If required, a locksmith may be in attendance to break into the premises. The Sheriff and/or Bailiff will then take stock of the inventory of the goods and chattels.
  • The occupier or tenant must vacate the premises once the Sheriff takes possession of the property. However, if the judgment creditor and/or his solicitors permit, the Sheriff may give the occupier or the tenant a reasonable time to move out before taking possession of the premises.
  • After the Sheriff has taken possession of the premises, the occupier or the tenant must seek the permission of the judgment creditor and/or his lawyers if they wish to re-enter the premises.
Need Advice ?

Speak to a Lawyer Now

At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.

How We Can Help You

Obtaining a Writ of Possession is not a simple task, there is a significant number of hurdles to clear before you may obtain it. The matter is complicated further if the Judgement Debtor has a competent lawyer. Such an application can be resisted easily if the application is not done correctly or the relevant details are not presented properly.  Do speak to us if you require assistance.

Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.