Part X: Enforcement of Judgments and Orders

78. Filing of writs of execution

(1) An application for a writ of execution shall be made by way of filing a writ of execution in Form 82, 83, 84 or 85 of Appendix A to the Rules of Court. The writ of execution is deemed to be issued when it is sealed by an officer of the Registry pursuant to Order 46, Rule 4.

(2) The previous practice of filing a Request to issue a writ of execution is discontinued.

79. Requests for the Sheriff’s attendance

(1) Where any party requires the Sheriff or his bailiffs to:

he or she must do so by filing the requisite Request in Form 11 of Appendix A of these Practice Directions for attendance electronic form to the Sheriff through the Electronic Filing Service. A Request for attendance made in any other manner will not be acceded to.

(2) The fees prescribed by Appendix B to the Rules of Court will be payable in respect of any attendance by the Sheriff or his bailiffs pursuant to a Request made in Form 11.

80. Sale of immovable property

(1) If an execution creditor wishes to effect the sale of immovable property seized under a writ of seizure and sale, he shall file the requisite Request for sale electronic form to the Sheriff through the Electronic Filing Service stating the following:

(2) The Sheriff shall not be required to proceed with the sale if the immovable property is subject to a mortgage or charge and the execution creditor is unable to produce the written consent of the mortgagee or chargee to the sale.

(3) If the Sheriff proceeds with the sale of the immovable property, the Sheriff may appoint any solicitor on his behalf to settle the particulars and conditions of sale.

(4) The following applies to any sale of immovable property by the Sheriff:

80A. Examination of Judgment Debtor

(1) A questionnaire in the recommended format as set out in Form 11A or 11B of Appendix A of these Practice Directions (whichever is appropriate) shall be annexed to the Order for Examination of Judgment Debtor when the said Order is served on the Judgment Debtor or the officer of the Judgment Debtor if it is a body corporate (collectively known as “Judgment Debtor” for the purposes of this paragraph). The Judgment Creditor may modify the questions according to the circumstances of each case.

(2) If the Judgment Debtor is of the view that any question is unreasonable, he is to contact the Judgment Creditor to ascertain whether the issue can be resolved prior to the hearing.

(3) At the hearing, the answered questionnaire is to be produced to the Registrar and received as evidence upon the Judgment Debtor’s confirmation on oath that his answers provided are true and correct. The Judgment Creditor may then apply to discharge the Judgment Debtor or proceed with further questioning.

(4) The Judgment Debtor need not attend at the examination hearing if: