South Australian Consolidated Acts

ENFORCEMENT OF JUDGMENTS ACT 1991 - SECT 7

7—Seizure and sale of property

        (1)         The court may, on application by a judgment creditor, issue a warrant of sale authorising seizure and sale of a judgment debtor's real or personal property (or both) to satisfy a monetary judgment.

        (2)         The seizure and sale of personal property that could not be taken in bankruptcy proceedings against the judgment debtor cannot be authorised.

        (3)         The sheriff may, in pursuance of a warrant under this section—

            (a)         enter the land (using such force as may be necessary for the purpose) on which property to which the warrant relates, or documents evidencing title to such property, are situated;

            (b)         seize and remove any such property or documents;

            (c)         place and keep any such property or documents in safe custody until completion of the sale;

            (d)         sell any property to which the warrant relates (whether or not the sheriff has first taken steps to obtain possession of the property).

        (3a)         If the warrant authorises the sale of land, the sheriff may eject from the land any person who is not lawfully entitled to be on the land.

        (4)         The sheriff may, in appropriate cases, leave a judgment debtor in possession of property until it is sold in pursuance of the warrant.

        (5)         Subject to any contrary direction by the court—

            (a)         the sale of real property or tangible personal property will be by public auction (but if no bid that the sheriff considers acceptable is made at auction, the sheriff may proceed to sell the property by private treaty for a price not less than the highest bid);

            (b)         if there is a reasonable possibility of satisfying the judgment debt out of personal property, the sheriff should sell personal property before proceeding to sell real property.

        (6)         Where any part of the judgment debtor's property consists of intangible property, the sheriff may sign any transfer or do anything else necessary to convert that property into money.

        (7)         Where property of the judgment debtor seized in pursuance of the warrant consists of a bank note or other money, the sheriff must, unless it has a value greater than its face value, hand it over to the judgment creditor in full or partial satisfaction of the judgment.