Warrant to Sell Property (Form 23)

Rule 130 of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a registrar issue a warrant for the seizure and sale of a judgment debtor's property. The warrant must be in an approved form (Form 23) and state the judgment and costs still outstanding, the costs of preparing and filing the warrant (Part 3 of Schedule 1), the interest claimed under section 26 of the Magistrates Court (Civil Division) Act 1992, the filing fee, the bailiff's execution fee, and reasonable execution expenses (r 130(2)). The warrant expires 12 months after issue, and a further warrant may be issued within the period in rule 121 (r 130(3)-(4)). The court's civil disputes page says real property such as a house and land can also be seized and sold. The bailiff cannot seize personal clothing and bedding, or tools of trade up to $3000 (r 131(1)).

When you need it

• You have a money judgment (for example a default judgment) that has not been paid.
• The judgment debtor owns goods, vehicles or real property in Tasmania that could be sold.
• If the debtor has wages or money in a bank, a garnishee order (Forms 25B or 25F) may suit better.

1. 1

   Heading

   Enter the registry, its address and the action number, and the claimant's and defendant's names only.

2. 2

   Amount owing

   Fill in the balance owing after payments, interest since the last process (with the dates and rate), the filing fee, bailiff's fee, solicitor's costs and any other amount, and the total owing.

3. 3

   Continuing interest

   Insert the annual rate and the date interest runs from. The printed '200...' is an old year prefix; write the full date.

4. 4

   Debtor and creditor

   Give the judgment debtor's name and address and the judgment creditor's name and address.

5. 5

   Bailiff and known property

   Name the bailiff if one is to be specified, and list any property you know the debtor owns (vehicles with registration numbers, addresses of land). The form says this helps get a better outcome.

6. 6

   Leave for the registry

   Leave the date of issue, registrar's signature and seal blank, and complete the 'filed by' footer with your address for service.

• File the warrant at the registry where the enforcement proceedings are pending (r 120). The creditor pays the filing fee on the enforcement process and the bailiff's fee on execution (court's civil disputes page); check the current fees.
• The bailiff executes the warrant (r 122). Property can be sold after 7 days from seizure, by public auction or as the Court directs, with the sale advertised in a daily newspaper at least 3 days before (r 132).
• The bailiff must report to the registrar in writing within 2 days after seizing, selling or failing to seize property (r 134(1)). The form says money received is paid directly to the judgment creditor or solicitor, or through Service Tasmania (code 'WSP').
• A warrant expires 12 months after issue (r 130(3)). On a judgment more than 6 years old, a warrant needs the Court's leave (r 121).

• Keep your interest and cost figures accurate and show the calculation dates; the amount stated is what the bailiff enforces.
• The bailiff may let the debtor keep seized property until the sale, or for a period while the debt is paid (r 131(2)).
• If someone else claims the seized property, they must give the bailiff written notice, and you have 4 days after receiving it to say in writing whether you admit or dispute the claim (r 136).
• A creditor, debtor or bailiff can ask the Court for directions about how property is sold, or that land be sold before goods (r 133).