Notice of motion - writ for the levy of property (Form 65)

A writ for the levy of property (also called a writ of execution) directs the Sheriff of NSW to seize and sell the judgment debtor's property so the proceeds can be paid towards the judgment. Form 65 is the approved notice of motion for the writ, with a supporting affidavit, and its heading cites Uniform Civil Procedure Rules 2005 (NSW) rr 39.2 and 39.3. The NSW Online Registry describes it as an order permitting the Sheriff to seize and sell the debtor's personal property, excluding real estate. The Sheriff's Office says it can include houses and land where the amount owing is more than $20,000, and that certain items, such as clothing, bedroom and kitchen furniture and tools of trade up to $2,000, cannot be seized.

When you need it

• You hold a NSW money judgment that has not been paid.
• You believe the debtor owns property of value at a known address.
• The judgment is not stayed by a court order, an instalment order or a suspension under the Legal Profession Uniform Law Application Act 2014.

1. 1

   Heading, judgment date and parties

   Copy the court details, give the date of judgment, and name yourself as judgment creditor and the judgment debtor as the person affected. The order sought is simply the issue of a writ for the levy of property against the debtor.

2. 2

   Affidavit: amounts

   State payments received, the amount payable under the judgment (including earlier enforcement costs but excluding post-judgment interest), interest under s 101 of the Civil Procedure Act 2005, and the execution and solicitors' fees for this writ.

3. 3

   Affidavit: where the property is

   Give the address or addresses where you believe the debtor's property is located. If there is more than one, list them in order of priority for execution.

4. 4

   Affidavit: no stay

   Confirm the judgment is not stayed, or explain why an instalment order has ceased to have effect. Swear or affirm before an authorised witness; deponent and witness sign every page.

5. 5

   Information for the Sheriff

   Complete the last page if you can: a short description of the claim, the best time to contact the debtor, their phone number, specific property that could be seized, and any animals or other risks to the safety of Sheriff's officers.

• File online through the NSW Online Registry or at the registry where judgment was entered. Online filing allows only one NSW address; for property at several addresses, the Online Registry says to file by post or over the counter.
• The Online Registry says there is no fee to file the motion, but you must pay the Sheriff's execution fee, which is calculated when you file. If you have a fee postponement or waiver you must file by post or at the registry.
• If the application is in order, the registry issues the writ and sends it to the Sheriff. Legal Aid NSW says a writ can be used for 12 months and you do not have to give the debtor a copy.

• The Sheriff charges fees for each visit and attempt, and Legal Aid NSW says a levy is taken from sale proceeds. These costs are added to the debt; see the Sheriff's fee schedule before you apply.
• Legal Aid NSW notes the debtor's first application to pay by instalments acts as a stay of enforcement, so the writ may be put on hold while the court decides it.
• Add a statement that generative AI was not used to prepare the affidavit (Practice Note SC Gen 23); this version of the form does not include one.