WESTERN AUSTRALIA / ……………………………. COURT
Civil Judgments Enforcement Act 2004, Part 4 Division 6 Subdivision 2 / LOCATION:………………………..
FORM 26 – SEIZURE NOTICE / Court Ref No:
Judgment Creditor / Name
Lawyer / Name:
File Ref No
Contact/Address Details
Judgment Debtor
Or
Third Person / Name:
Judgment Debt / $plus execution costs and interest after seizure

To the Judgment Debtor

THE SHERIFF/BAILIFF is authorised and commanded by the Property (Seizure and Sale) Order to seize and sell so much of your property as is necessary to recover the judgment debt. The Property (Seizure and Sale) Order must be executed in accordance with the Civil Judgments Enforcement Act 2004. See over for information relating to the Property (Seizure and Sale) Order.
Unless you pay the judgment debt that includesall interest, commission and enforcement costs within …..days from the date of this notice, your interest in the seized property may be sold by public auction. Further execution costs may be avoided by early payment.
Interest on the judgment debt accrues daily

NB PAYMENT ACCEPTED BY BANK CHEQUE OR CASH ONLY

DESCRIPTION OF PERSONAL PROPERTY SEIZED
ITEM * PROPERTY DESCRIPTION CONDITION VALUE
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* INCLUDE NAME OF POTENTIAL ENCUMBRANCE HOLDER AND VEHICLE REGISTRATION AND CHASSIS No

SEIZURE DETAILS

Date: ……………………………

Time…………………am/pm

Place ………………………..

See Over Sheriff/Bailiff/Assistant Bailiff

CUSTODIANS REQUEST AND UNDERTAKING

I request that you do not remove goods nor leave an officer at the place of seizure in close possession of the personal property seized under the property (seizure and sale) order.

If this convenience is allowed to me, I undertake, pending the withdrawal or satisfaction of the order:

  • To safely keep the seized property in my custody free of any charge,
  • Not to remove the seized property or permit its removal by any persons from the place of seizure unless authorised by you, and
  • To inform any person who may visit my premises for the purpose of levying any other execution that you are already in possession of the seized property and to notify you immediately of any such visit.

And I acknowledge that you or any of your officers, pending the withdrawal or satisfaction of the property (seizure and sale) order, have the legal authority to re-enter the premises as you consider necessary for the purpose of inspecting the seized property or completing the execution of the property (seizure and sale) order.

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Judgment debtor / CustodianSheriff / Bailiff / Assistant Bailiff

ADVICE TO JUDGMENT DEBTOR / CUSTODIAN

Suspending the enforcement of judgments

Any dispute relating to the judgment, or any suspension of the enforcement of judgment, must be directed to the court in which the judgment was entered or an appeal is lodged.

Claim of ownership by third party

A person other than the judgment debtor may claim in writing to the Sheriff any property seized under the property (seizure and sale) order.

Removing, etc., property under lawful seizure

Any person who, when any property has been attached or taken under the process or authority of any court of justice, knowingly, and with intent to hinder or defeat the attachment, or process, receives, removes, retains, conceals, or disposes of such property, is guilty of a crime, and is liable to imprisonment for 3years.

Summary conviction penalty: imprisonment for 12months and a fine of $12000.

[ Section 150 of the Criminal Code 1913 ]

Obstructing officers of courts of justice

Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court of justice is guilty of a crime, and is liable to imprisonment for 2years.

Summary conviction penalty: $6000.

[ Section 151 of the Criminal Code 1913 ]

Review of costs

An application to review the Sheriff’s enforcement costs may be made to the court nearest where the property (seizure and sale) order is executed.

Sheriff’s Powers of Entry and Re Entry.

Under a property (seizure and sale) order the Sheriff, using any force and assistance that is reasonably necessary in the circumstances, may do any or all of the following-

  • Enter any place where the sheriff believes on reasonable grounds there is or may be property that may be seized under the order, or a record evidencing the title to such property, for the purposes of searching for and seizing it.
  • From time to time re-enter any such place where any such property or record is for the purpose of performing the Sheriff’s functions under the order and this Act in relation to the property.