UNIFORM CIVIL PROCEDURE RULES 1999 - REG 828 Seizure of property under enforcement warrant

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 828

828 Seizure of property under enforcement warrant

(1) A court may issue an enforcement warrant authorising an enforcement officer to seize and sell in satisfaction of a money order all real and personal property (other than exempt property) in which the enforcement debtor has a legal or beneficial interest.

Note—

For registration of an enforcement warrant over land, see the Land Title Act 1994 , part 7 (Other dealings), division 1 (Writs of execution) and the Land Act 1994 , chapter 6 (Registration and dealings), part 4 (Dealings affecting land), division 11 (Writs of execution).

(2) The registrar must give the enforcement warrant to an enforcement officer to be enforced.

(3) An enforcement officer must—

(a) have the warrant in the enforcement officer’s possession when enforcing the warrant; and

(b) show the warrant to any person claiming an interest in the property to be seized.

(4) Actual seizure is not necessary to authorise the sale of real property under an enforcement warrant.

(5) If there is an advertisement of a notice about real property under rule 834 , an enforcement officer is taken to have seized the real property for the purposes of these rules.

(6) An enforcement officer must send a copy of the notice by prepaid post to the enforcement debtor at the enforcement debtor’s last known address.