57.2  Warrant Of Distress And Sale - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)

What this form is for

• • Use when you have a court judgment that remains unpaid
• • Use when standard collection methods have failed
• • Use when you need to seize specific property from the debtor
• • Use when the debtor has identifiable assets that can be sold
• • Use when you have exhausted other enforcement options

Use this form or another form?

Deadline or filing window

There is generally a 12-year time limit from the date of the judgment to apply for a warrant of distress, though specific timeframes may apply depending on the nature of the debt and court rules.

Before you submit

• • Verify all debtor information is complete and current
• • Confirm the court judgment number and date
• • List specific property to be seized with accurate descriptions
• • Calculate the total amount owed including interest and costs
• • Check that the property is not exempt from seizure
• • Verify the debtor has no payment arrangements in place
• • Ensure the form is signed and witnessed correctly

How to file this form

1. 1Obtain a copy of the court judgment if you don't have one
2. 2Complete all sections of the warrant form with debtor and judgment details
3. 3List the specific property to be seized with detailed descriptions
4. 4Calculate the total amount owed including any accrued interest and costs
5. 5Submit the completed form to the appropriate court with any required fees
6. 6Wait for court review and approval of the warrant
7. 7Once issued, arrange for an authorized officer to execute the warrant

Known limitations

• • Cannot be used for debts covered by specific exemptions
• • Limited to property owned by the judgment debtor
• • May not be effective against intangible assets
• • Requires accurate property location and description
• • Cannot be used if the debtor has made arrangements to pay