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Warrant to seize property

An order of the Magistrates’ Court that allows the sheriff to take items from a person who has an outstanding debt. A warrant to seize property is valid for 12 months and cannot be applied for if another enforceable action is already in place.

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A to seize property gives authority to the sheriff to go to the ’s home or business address in Victoria and demand payment of a debt.

The sheriff cannot seize items the debtor needs to live in basic comfort, such as a fridge, television or washing machine.

See the Department of Justice and Regulation’s website for more information about the sheriff’s enforcement powers.

Court can be a complex and costly process and you should seek legal advice before applying for warrant to seize property. The steps below provide general information about the application process. It does not cover all scenarios, nor does it constitute legal advice.

STEP 1: Complete the form

Fill in a warrant to seize property form – Form 68A.  By completing this form, you are applying to the Magistrates’ Court for a warrant, so the sheriff can seize items from the debtor.

STEP 2 – File the form and pay the court fee

Make a copy of the warrant to seize property form and file the original with the Magistrates’ Court where the judgement was made. The form can be filed in person or by post. A filling fee is also payable upon lodgement.

If documents are not completed correctly, it may cause delays.

STEP 3 – Send the warrant to the sheriff

If the Magistrates’ Court issues a warrant, you can send the warrant to seize property form to the Sheriff’s Office for enforcement. The court will not send the warrant on your behalf.

You must also pay a fee to the Sheriff. See the Department of Justice and Regulation’s website for information about fees and contact details.

What happens next?

If the sheriff is successful, seized items will be sold at public auction. The proceeds will be forwarded to you up to the value of the debt owing. 

If the value of the debt cannot be recovered, the sheriff will contact you. You should seek legal advice if you were unable to recover debt through a warrant to seize property.   

Checklist

  1. Complete a:
  2. File with the Magistrates’ Court, where the original judgment was made, the original and a copy of the warrant to seize property form.

    A filing fee is payable upon the lodgement of the forms

  3. If the court issues a warrant, send it the Sheriff’s Office for enforcement.
Last updated on 13 Dec 2018
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