Writ of venditioni exponas (Rule 900(3)) (Form 64)

When it appears on the return of a writ of fieri facias that the Sheriff has seized, but not sold, goods of the debtor, the creditor may have a writ of venditioni exponas issued (r 909 Supreme Court Rules 2000 (Tas)). It is a writ of execution (r 894) and must be in the prescribed form (r 900(3)), which is Form 64. It records that the Sheriff reported the property unsold for want of buyers and commands the Sheriff to sell it for the best price obtainable and pay the proceeds to the Registrar for the judgment creditor.

When you need it

• The Sheriff has returned a writ of fieri facias reporting that property was seized but not sold.
• You are the judgment creditor at whose instance the writ of fieri facias issued.

1. 1

   Heading

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

2. 2

   Sheriff's report

   Insert the date the Sheriff reported, the date of the writ of fieri facias, and the property taken (lands, goods and chattels, or as the case may be).

3. 3

   Parties

   Insert the names of the judgment debtor and the judgment creditor.

4. 4

   Issue

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

• Lodge the writ at the registry to be sealed and issued (r 900(1)), then give it to the Sheriff.
• You can give the Sheriff notice to return the writ of fieri facias, or report, within a stated period of not less than 8 days (r 904(2)). That helps establish the unsold property before applying.

• If the best price is unlikely at public auction, a party or the Sheriff can apply for an order for a private sale (r 907, r 908).
• Any further writ of execution remains subject to the 6-year limit and leave requirements in rules 896 and 897.