Writ of fieri facias (Rule 900(3)) (Form 63)

A judgment for the payment of money (other than into court) may be enforced by writ of fieri facias, among other means (r 873(2)(a) Supreme Court Rules 2000 (Tas)). A writ of execution must be in the appropriate prescribed form (r 900(3)), which for this writ is Form 63. It is issued when sealed and must bear its date of issue (r 900(1)-(2)). It must be endorsed with a direction to the Sheriff to levy the money due under the judgment, stating the amount, and interest at the rate the judgment carries (r 900(4)). Unless the Court directs otherwise, the Sheriff sells personal property before real property where there is a reasonable chance it will cover the debt (r 906(4)).

When you need it

• You hold a Supreme Court judgment or order for payment of money that has not been paid.
• Execution is generally available within 6 years of the judgment (r 896). Leave is needed after 6 years, after a change of parties, and in the other cases in rule 897.
• Other options include garnishee orders (Forms 70 and 74), a charging order or a receiver (r 873(2)).

1. 1

   Heading

   Copy the registry, file number and party names from the proceeding.

2. 2

   Debtor and judgment

   Insert the name and address of the judgment debtor and the date of the judgment or order.

3. 3

   Creditor

   Insert the name and address of the judgment creditor to whom the money is to be paid.

4. 4

   The Schedule

   Set out the judgment amount and costs, deduct payments (attaching a list), add accrued interest on the judgment and on costs (attaching the calculations), then add the costs of execution and the Sheriff's poundage, fees and expenses to reach the total to be levied.

5. 5

   Continuing interest

   Complete the closing paragraph with the balance on which interest runs, the rate and the date from which it runs until payment. Interest is at the rate the judgment carries (r 900(4)(b), r 887A); the court publishes the prescribed rates.

6. 6

   Issue

   Leave the date and signature for the Registrar or District Registrar.

• Lodge the writ at the registry to be sealed. It is issued when sealed (r 900(1)).
• The writ is then executed by the Sheriff, or by a bailiff of an inferior court acting as an officer of the Sheriff (r 903).
• An unexecuted writ stays in force for one year from issue. The Court can grant leave to renew it for a further year before it expires (r 901).
• Costs of the writ may be endorsed as provided by Schedule 3 (r 902). See the court's Sheriff's costs of execution and Costs endorsed pages.

• Keep a running record of payments and interest. The Schedule needs both, and errors will hold up the levy.
• A party, or the Sheriff, can apply for an order that a sale under the writ be made otherwise than by public auction (r 907).
• If goods are seized but remain unsold, the next step is a writ of venditioni exponas (Form 64, r 909).