Debt Recovery (Applicant) - Enforcement via Enforcement Warrant

What does the creditor file to get a seizure and sale warrant?: An application attaching the warrant sought and a statement in the approved form, sworn not earlier than 2 business days before the application, setting out the order, payments, enforcement costs, interest and the amount payable. It can be made without notice and is usually dealt with by the registrar without a hearing (UCPR r 817), and the warrant ends within 1 year after it issues (r 820(1)(b)).

How do I find out what the debtor owns?: Require a statement of financial position within 14 days by written notice and, if it is not returned or is unsatisfactory, apply for an enforcement hearing at which the debtor can be examined about their property (UCPR rr 807, 808 and 813).

Jurisdiction: Queensland, Australia. Enforcement takes place in the court where the QCAT decision is filed, usually the Magistrates Court, because the filed decision is taken to be a money order of that court (QCAT Act 2009 s 131). Seizure and sale is governed by chapter 19 part 4 of the Uniform Civil Procedure Rules 1999 (Qld).

The Process at a Glance: Once the QCAT decision is filed in the Magistrates Court, asset searches are conducted through the PPSR, Titles Queensland and vehicle searches, and a statement of financial position is required from the debtor. A statement in support (Form 74) detailing the order, the outstanding balance and interest is sworn, and an application attaching the enforcement warrant for seizure and sale (Form 75) is filed without notice. The registrar gives the issued warrant to the enforcement officer, with the creditor's instructions and any deposit the officer requires for enforcement costs. The officer seizes and sells the property, and the net proceeds are applied to the order debt.

Key Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) - s 131 (enforcing monetary decisions). Uniform Civil Procedure Rules 1999 (Qld) chapter 19 - rr 807-808 and 813-814 (statement of financial position and enforcement hearings), r 817 (application and statement in support), r 820 (contents and life of a warrant), part 4 rr 828-838 (seizure and sale, including order of sale, advertising, postponement and distribution of proceeds). An enforcement warrant over land is registered under the Land Title Act 1994 (Qld) part 7 division 1 (UCPR r 828 note). Personal Property Securities Act 2009 (Cth) - PPSR searches show whether a secured party has an interest in targeted personal property.

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