Writ of Seizure & Sale in Singapore

When any Singapore Court orders the defendant to pay the plaintiff 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 Seizure and Sale.

What is a Writ of Seizure and Sale?

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

For example, if the Judgment Debtor, who owns an expensive car, 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 expensive car and have it sold to satisfy the debt.

Factors to Consider Before Commencing a Writ of Seizure and Sale

  • How much is the outstanding judgment debt
  • Whether other enforcement actions are pending against the Judgment Debtor
  • Whether the Judgment Debtor is bankrupt (if an individual) or has been wound up (if a business entity)
  • Whether there is any asset or item belonging to the Judgment Debtor worth seizing
  • Whether the premises where you wish to effect seizure belong to the Judgment Debtor or a third party.

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 Seizure and Sale is the right way forward to receive your dues under the Judgment.

For you to receive your dues, the Writ of Seizure and Sale 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 Seizure and Sale. 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 Writ of Seizure and Sale do not recover enough to even cover the costs of their lawyers and the costs of executing the Writ of Seizure and Sale.

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The Process for Writs of Seizure and Sale

  • Your lawyer would make an application through the Integrated Electronic Litigation System.
  • If your application is successful, an Appointment Letter will be sent to inform you of the date fixed for execution
  • 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 official receipt to confirm that the deposit amount due to the Bailiff has been paid
    • A signed Letter of Authorisation and Indemnity duly signed by you.
  • You would then go to the premises in which you seek to seize items for sale. You might also have to provide transport for the Bailiff to the place of execution and back to his office or to his next destination.
  • At the place of execution, the premises may or may not be accessible for execution.
  • If the premises are accessible, the Bailiff will enter the premises and may seize items identified by you and mark them accordingly. The Bailiff will guide you on which items can or cannot be seized by law. Examples of items that may not be seized include the clothing and bedding of the Judgment debtor and his family, tools of the trade necessary for the Judgment Debtor to carry out his trade or earn his living (if the value of such items does not exceed $1,000), wages and salary of the Judgment Debtor, and pensions, gratuity or allowance granted by the Government. After the seizure, the Bailiff will serve the necessary documents on the Judgment Debtor (including a notice not to remove or tamper with the seized items).
  • If the premises are inaccessible or the Judgment Debtor refuses or somehow resists the execution, the Bailiff will serve or leave a notice at the premises.
    • Although the Bailiff has the power to effect forced entry into the premises, the Bailiff generally refrains from exercising that power on the first attempt at execution.
    • It is generally only on the second or subsequent attempts that the Bailiff will exercise his powers of forced entry onto the premises, usually undertaken by a professional locksmith (which you have to pay for). 
    • If the first attempt was unsuccessful and you wish to try again, you would have to begin the whole process of applying for an Appointment date for execution.
  • If execution was successful and you manage to seize some items, the judgment debtor is given seven working days to pay up all sums owing to you. At this stage, the Bailiff may require a valuation of all or some of the seized items and for a valuation report to be prepared and submitted before fixing the auction date.
  • If you wrongfully seized some items which actually belong to someone else other than the Judgment Debtor, the owner of such items may file a claim (Interpleader) against you. If you dispute the other person’s ownership, you would have to file an Interpleader Summons at your cost.
  • If you still do not receive the sums owing to you within the seven days stipulated above, you may proceed with an auction sale of the seized items. To do so, you would have to apply by filing a Request to Proceed with Auction. You will be informed of the auction date by the Bailiff. You must contact and appoint the auctioneer selected by the Bailiff at least seven days or three weeks before the auction date (which period is chosen will be specified by the Bailiff).
  • The Auction date is fixed by the Bailiff, normally within 3 to 5 weeks from the date of service of the Notice of Sale.
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

Attempting to recover monies on a Judgement is a technical process. Without a lawyer guiding you and with the wrong step, you could waste valuable time and money in the process.

At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side.

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.