Writ of execution preparation
A writ for levy of property is the traditional enforcement mechanism against a debtor's goods and real property. This checklist walks through the steps.
This is a 12-step checklist for preparing a NSW writ for the levy of property. It covers form, filing, sheriff instructions, and sale.
The checklist
Confirm the judgment is enforceable
Judgment must be final, entered and any stay expired.
Choose the form of writ
Writ for levy of personal or real property, or both.
Identify the debtor's property
Identify personal property (vehicles, stock) or real property for levy.
Search titles and PPSR
Search the title register and PPSR to identify any prior secured interests.
Calculate the amount outstanding
Calculate the balance including post-judgment interest and costs.
Complete the writ form
Complete the writ in UCPR form with the correct debtor details and amount.
File and seal the writ
File with the court and obtain a sealed writ.
Lodge with the Sheriff
Lodge the sealed writ with the Sheriff's office with execution fees.
Provide Sheriff instructions
Provide the Sheriff with the debtor's address, property details and any access information.
Manage creditor priorities
Liaise with other creditors and any secured parties as required.
Track Sheriff progress
Track the Sheriff's progress — seizure, advertisement, sale.
Apply sale proceeds
Apply proceeds in the correct order — costs of execution, then interest, costs and principal.
When this checklist applies
Use this checklist when the debtor owns leviable assets and other enforcement tools are inadequate.
Common pitfalls
- Levying on property subject to prior registered interests
- Incorrect calculation of outstanding balance
- Insufficient instructions to the Sheriff
- Not tracking the Sheriff's progress
- Wrong priority of sale proceeds
Run this checklist on a real matter
Quillio drafts writs, Sheriff instructions and enforcement memos in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court and interstate enforcement.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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