Part X: Enforcement of Judgments and Orders
78. Filing of writs of execution79. Requests for the Sheriff’s attendance80. Sale of immovable property80A. Examination of Judgment Debtor
(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.
(1) Where any party requires the Sheriff or his bailiffs to:
(a) attend at the place of execution at any time after the first attendance, whether during or after office hours, for the purposes of executing a writ of execution or distress or to arrest a debtor, or any other purpose;(b) to proceed with the auction of property under seizure; or(c) to release property under seizure
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.
(1) If an execution creditor wishes to effect the sale of immovable property seized under a writ of seizure and sale, he or she shall file the requisite Request for sale electronic form to the Sheriff through the Electronic Filing Service. When filing the Request for sale electronic form, the execution creditor must provide evidence of the following:
(a) the date of registration (and expiry) at the Singapore Land Registry of the order of court/writ of seizure and sale on immovable property;(b) that a copy of the order of court/writ of seizure and sale on immovable property has been served on the execution debtor, and the date of such service; and(c) whether the immovable property is subject to any mortgage or charge, and if so, that the mortgagee or chargee consents to the sale.(d) the names of 3 proposed law firms and/or solicitors, among whom the Sheriff will appoint 1 to act on its behalf in the sale of the immovable property.
(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:
(a) the Sheriff may require more than one valuation report to be submitted by a certified valuer before proceeding with the sale;(b) the sale may be conducted by a licensed auctioneer and the immovable property may be offered for sale by way of private treaty, tender, auction or such other manner as the licensed auctioneer may advise;(c) the immovable property shall not be sold at a price below the forced sale value as specified in the valuation report, or if there exists two or more valuation reports, in the latest valuation report; and(d) the solicitor shall prepare all necessary conditions of sale, documentation, accounts and particulars on behalf of the Sheriff in accordance with the Sheriff’s directions, and shall be entitled to recover his legal fees and disbursements from the proceeds of sale as sheriff’s expenses.
(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:
(a) he is able to provide his answers to the questionnaire by way of an affidavit or statutory declaration; and(b) the Judgment Creditor agrees to apply for a discharge of the Order for Examination at the examination hearing.