WHAT PROPERTY CAN BE TAKEN BY THE SHERIFF?
PROPERTY THAT THE SHERIFF CAN SEIZE:
Any goods where you, the judgment debtor have a beneficial interest;
Money, cheques, bonds and securities;
However, a writ cannot be issued against land that you own where the amount that you owe under the judgment or the amount of your debt is less than $10,000. If, however, the amount that you owe is greater than $10,000 then a writ may be issued against your land;
The sheriff can seize jointly owned property and sell it. The money paid to the creditor will be the proportion of the sale price that belongs to the debtor. For example, if you own half of a car and it is sold for $3000 to repay a debt, then the judgment creditor will be given $1500 and the other $1500 will be paid to the other owner of the car.
THE SHERIFF CANNOT TAKE:
Essential household items and furniture (necessary for your household’s domestic use);
One vehicle valued under a prescribed amount of $8100;
Tools of trade up to a prescribed amount of $3800;
Property that is rented, mortgaged, on hire purchase or belongs entirely to someone other than the judgment debtor;
Any item that would be protected in bankruptcy.
The sheriff will not seize an item if they believe the cost of seizure, storage, or sale would likely be more than the sale price.
If the sheriff does seize your goods, the sheriff cannot sell your goods until six days after the goods were seized. Your goods must usually be sold in a public auction. Find out more.
WHAT IF THE GOODS TO BE SEIZED BELONG TO SOMEONE ELSE?
The sheriff can only take property that belongs to the person against whom the court judgment was made (the “judgment debtor”). If the sheriff tries to seize property that you don’t own, you should say that the goods are not your property. If possible show proof of ownership. The owner of the property must complete an affidavit. See sample form: Affidavit at
www.ucprforms.justice.nsw.gov.au as a guide. An affidavit is a legal form in which a person swears certain facts on oath before a Justice of the Peace or a solicitor. In the affidavit, the person must swear on oath that s/he is the owner of the property. Evidence of ownership, for example, receipts should be attached whenever possible.
The owner of the property should lodge the affidavit at the Court as soon as possible after the Writ of Levy of Property was handed to the debtor. The owner should also send a copy of the affidavit to the Sheriff’s Office (the location of the Sheriff’s Office is written at the top of the Writ of Levy of Property).
Source: financial rights
