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In all civil
claims, the party in whose favour a Judgment or Order is granted is responsible
for enforcing the Judgment or Order. The State Courts Bailiffs Section is not
able, by law, to unilaterally pursue any enforcement procedure for or on behalf
of any party.
This Guide is meant to be information for the general public only and must
not be treated as legal advice. Please consult a lawyer if you require specific
legal assistance with your case.
If you have obtained a Judgment or Order in your favour, but the other party has not complied with it, you can take out an enforcement action against the other party.
In all civil claims, the Judgment Creditor (the party who has obtained a Judgment or Order in their favour), is responsible for enforcing the Judgment or Order. The State Courts' Bailiffs Section is not able, by law, to unilaterally pursue any enforcement action for or on behalf of any party.
A WSS is one of the options available for the enforcement of a Judgment or Order.
Under a WSS, you (Judgment Creditor) can request the Court to seize and sell movable property belonging to the other party (Judgment Debtor) to pay the judgment debt. It is one of several ways to enforce a Judgment or Order for payment of money when the Judgment Debtor fails to pay within the time ordered by the Court or Tribunal.
This guide is meant to provide general information only and must not be treated as legal advice. Please consult a lawyer if you require specific legal assistance with your case.
For a list of lawyers, please contact the Law Society of Singapore at 39 South Bridge Road, Singapore 058673, telephone number 6538 2500 or visit their website at www.lawsociety.org.sg.
For free legal advice, you may want to consider any one of the following:
If you wish to engage a lawyer, but are unable to afford one, you may wish to approach the Legal Aid Bureau at 45 Maxwell Road, #07-11, The URA Centre (East Wing), Singapore 069118. Please note that you will have to satisfy the means and merits tests administered by the Legal Aid Bureau before aid is extended.
How much is the outstanding judgment debt? You should account for any part payment already received by you.
In addition, is the Judgment Debtor able to pay? Some checks that you may wish to make are:
a. whether other enforcement actions are pending against the Judgment Debtor;b. whether the Judgment Debtor is a bankrupt (if an individual) or has been wound up (if a business entity);
c. whether there is any asset or item belonging to the Judgment Debtor worth seizing; andd. whether the premises where you wish to effect seizure at belong to the Judgment Debtor or a third party.
Type of Judgment / Order
Type of Document
NOTE:- In addition to the fees above, there are also electronic filing and manual handling fees chargeable by
CrimsonLogic Service Bureau. - If you decide not to continue with execution of the WSS subsequently, the filing fees will not be refunded. You will not be able to claim the filing fees or other expenses from the Judgment Debtor either. - If your documents are rejected upon filing due to error(s), rejection fees under the Rules of Court will be charged. Please ensure that your submissions are free of administrative or clerical errors to avoid rejection.
Other payables / Possible expenses:
You may be able to recover your expenses if the execution is successful and the proceeds of sale are sufficient to cover the judgment debt and the expenses incurred.
However, if the proceeds of sale are insufficient to cover the Bailiff's execution expenses, the balance outstanding will be deducted from your deposit.
Applications are to be made via the Integrated Electronic Litigation System (eLitigation) either from a lawyer's office, or from any one of the two CrimsonLogic Service Bureaux situated in the High Court or near the State Courts (at 133 New Bridge Road, #19-01/02 Chinatown Point Singapore 059413).
Please complete the electronic template forms online through eLitigation (if your lawyer has subscribed to eLitigation) or hardcopy forms available at the Service Bureau.
Please note that if your documents are rejected upon filing due to error(s), rejection fees under the Rules of Court will be charged. Please ensure that your submissions are free of administrative or clerical errors to avoid rejection.
Either you or your authorised representative must be present on the appointed date.
Whether attending personally or authorising a representative, a Letter of Authorisation and Indemnity signed by you must be produced. (A sample of the Letter of Authorisation and Indemnity will be provided with the Appointment Letter)
You or your authorised representative must bring the following and hand them over to the Bailiff assigned to your case (as indicated in the Appointment Letter):
a. The Appointment Letter (issued by the Bailiff); and
b. The official receipt to confirm that a deposit of $300.00 or such amount as requested by the Bailiff, has been paid at the Finance Section of the State Courts; and c. A Letter of Authorisation and Indemnity duly signed by you. If you are a business entity, the letter should bear your firm's/company's stamp/chop.
You must be punctual for the appointment. If you are late, your appointment may be cancelled without further notice.
When requested by the Bailiff, you must also provide transport for the Bailiff to the place of execution and back to his office or to his next destination.
Depending on the circumstances, the execution of the WSS may or may not be successful at the 1st attempt.
Premises accessibleIf the premises are accessible, the Bailiff will enter the Judgment Debtor's premises and may seize items identified by you (or your representative) and mark them accordingly. Please note however that there may be some items that cannot be seized by law. The Bailiff will then advise you which items cannot be seized. After the seizure, the Bailiff will serve the necessary Forms/documents on the Judgment Debtor including a notice not to remove or tamper with the seized items.
Premises not accessible or Judgment Debtor refuses/resists the execution of the WSSIf the premises are not accessible or if the Judgment Debtor refuses/resists the execution of the WSS, the Bailiff will serve or leave a notice at the premises. Generally, the Bailiff will not exercise his power of forced entry onto the premises on the first attempt at execution.
The Bailiff may exercise his powers of forced entry onto the premises on the second or subsequent attempts. In practice, forced entry is only conducted with the assistance of a professional locksmith. In such circumstances, you will be required to engage the services of a locksmith on your own and at your own cost. Please note that the Bailiff has absolute discretion whether to exercise his power of forced entry depending on the circumstances of the execution.
If execution of the WSS was not successful at the 1st attempt and if you wish to request for another attempt/appointment to execute the WSS, you will have to apply for a fresh date by filing the
Request for Date to be Appointed for Execution and pay the requisite fees where applicable for a new appointment date to be issued.
The Judgment Debtor is given 7 days to settle all sums owing.
The Bailiff may require a valuation of all or some of the seized items and for a valuation report to be prepared and submitted before fixing the auction date.
Where another party claims that the seized items belong to him/her and not the Judgment Debtor, the Court will have to determine who the rightful owner is. This is done at a separate proceeding known as an Interpleader. The claimant will have to file a claim and you will have to file an
Interpleader Summons at your cost, if you dispute the claim to ownership by the claimant.
At this hearing, the party claiming ownership of the seized items must prove that he/she is the rightful owner failing which the Court may order the auction sale to proceed.
If you do not receive any payment on the outstanding judgment debt after the seizure, and if you wish to proceed with an auction sale of the seized items, you will have to apply by filing the
Request to Proceed with Auction and pay the requisite fees where applicable.
You will be informed of the auction date through a letter sent by the Bailiff. You are required to contact and appoint the auctioneer selected by the Bailiff at least 7 days or 3 weeks before the auction date [whichever is required in the said letter]. The auctioneer will collect from you a fee which he considers sufficient to cover his fees and expenses
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