Notice to sheriff of disputed property and affidavit verifying (Form 75)

When the Sheriff takes or intends to take possession of property under a writ for the levy of property, a person who claims the property, its value or the proceeds of its sale may give notice of the claim to the Sheriff. Form 75 is the approved notice, with an affidavit verifying the claim, and its heading cites Uniform Civil Procedure Rules 2005 (NSW) r 43.3. The NSW Sheriff's Office says the legal owner of listed property can apply for its return with this form and must provide proof of ownership such as receipts. The Sheriff then asks the creditor whether they agree to release it; if not, the Sheriff may have to apply to a court to decide ownership, and the creditor, claimant and Sheriff's officer may need to attend.

When you need it

• The Sheriff has listed, tagged or taken goods at your home or business under a writ against another person.
• Some or all of those goods belong to you, not to the judgment debtor.
• You claim the goods themselves, their value or the proceeds of their sale.

1. 1

   Court details, title and claimant's details

   Copy the court and case details from the writ or the Sheriff's paperwork. Give your name, residential address, address for service, phone and email.

2. 2

   Notice to Sheriff

   Name the judgment debtor the writ was issued against and tick whether you claim all or some of the property.

3. 3

   Affidavit: describe the property and your claim

   Describe each item and select the nature of your claim: the property itself, its value (with your estimate) or the sale proceeds. Explain the basis of your ownership, such as purchase or gift, and how the property came to be in the debtor's possession. Repeat for property claimed on a different basis.

4. 4

   Affidavit: not sold or given to the debtor

   Paragraph 2 confirms the property was not sold or given to the judgment debtor. Do not sign if that is not true.

5. 5

   Swear or affirm

   The form's instructions say to have the affidavit sworn before a JP or solicitor, who completes the witness certificate; deponent and witness sign every page.

• Give the form to the Sheriff's Office that made the seizure, not the court. The form's instructions say to provide 2 copies, and the Sheriff's Office asks for proof of ownership such as receipts or proof of purchase.
• The Sheriff serves the notice on the judgment creditor (UCPR r 43.3(3)), who may accept or reject the claim within 7 days (form instructions).
• If the creditor accepts, the Sheriff withdraws from possession of the property. If the creditor rejects it, the Sheriff applies to the court to decide the claim.

• Act quickly once goods are listed. The Sheriff's Office says listed goods can be removed and sold, and a custodian who removes or disposes of listed items can be charged with an offence.
• Attach or bring documents that prove ownership, such as receipts, finance or registration papers, or bank statements showing the purchase.
• Add a statement that generative AI was not used to prepare the affidavit; this version of the form does not include one (Practice Note SC Gen 23).