Seizure of Real Estate under a Writ in NSW

The process of seizing real estate under a Writ in NSW has recently been simplified. This can be an effective collection tool for debtors who have the capacity to pay but refuse. The basic process is as follows;

1. Obtain Judgment

2. Issue a Writ. The Writ can then be registered with Land Titles.

3. Receive a Notice of Non-Levy from the Sheriff. 

4. Lodge an affidavit at Court with the Non-Levy and registration of writ attached.

5. Lodge a Form 67 with the court who stamp 2 forms and return them to be served.

6. If no payment has been received 28 days after service, then Form 68 is issued. The court directs the sheriff to sell the property.

There are two things you need to be aware of before undertaking this process;

i) The debtor can lodge an instalment order at any stage which stops the process. If they default on the installment order, the process recommences.

ii) The sheriff's sale costs are paid prior to the mortgage.  Therefore searches have to be performed to make sure that enough equity exists to warrant undertaking the process.