Property Seizure and Sale Order WA: How It Works in the Magistrates Court

When a judgment debtor in Western Australia ignores payment orders and has identifiable assets, a Property Seizure and Sale Order is the enforcement tool that puts those assets on the auction block. It is the heaviest instrument in the CJEA toolkit — and the most expensive to file.

What a PSSO Does

A Property Seizure and Sale Order (PSSO) under section 69 of the Civil Judgments Enforcement Act 2004 authorises the Sheriff and court bailiffs to physically seize a debtor's personal property or real estate and sell it at public auction to satisfy your judgment debt.

The order covers two categories:

• Personal property — vehicles, equipment, stock, furniture, shares in a private company, or other saleable personal property
• Real property — land and buildings registered in the debtor's name at Landgate

How to Apply

You file CJE Form 6 (Application or Request to a Court) through the eCourts Portal, selecting the PSSO option. The prescribed application fee is $269. If you engage a lawyer, you can recover fixed legal costs of $242 for goods or $957 for land on top of the judgment debt.

Once issued, the PSSO remains valid for 12 months. If seizure or sale is not completed within that window, you need to apply to extend it before it expires.

What Happens After the Order Issues

For personal property, a bailiff attends the debtor's premises, inventories the goods and physically seizes them. Seized items are stored and sold at public auction. The auction proceeds follow a strict priority:

1. Bailiff execution expenses, storage fees and auction costs
2. Bailiff recovery commission — 5% on the first $13,500 recovered and 2.5% on anything above that
3. Your judgment debt plus post-judgment interest at 6% per annum
4. Any surplus goes back to the debtor

For real property, there is an additional step. You lodge the PSSO at Landgate under section 133 of the Transfer of Land Act 1893, along with a statutory declaration confirming the debtor named on the order matches the registered proprietor. Registration creates a four-month restriction on the title, restricting the debtor from dealing with the land to defeat execution. Within seven days of lodging, you must serve written notice on the debtor. If the debt remains unpaid, the Sheriff sells the debtor's saleable interest in the land at public auction, paying off prior registered mortgages first.

What a Bailiff Cannot Seize

The CJEA and its regulations protect certain property from seizure:

• Necessary clothing and personal effects for the debtor and their dependants
• Basic household furniture, bedding and essential domestic appliances
• Tools of trade up to prescribed statutory caps
• A basic motor vehicle used for family or work transport, up to the prescribed equity cap

If someone other than the debtor claims to own seized goods — a spouse claiming furniture, a leasing company claiming equipment — they can lodge CJE Form 28 (Notice of Claim Against Property Seized). The bailiff issues an interpleader notice, and a Magistrate determines ownership if the claim is contested.

When a PSSO Makes Sense

A PSSO is not a first step. At $269 plus bailiff fees and potential legal costs, it only makes financial sense when you know the debtor has seizable assets worth more than the enforcement costs. Running a Landgate title search, an ASIC company search or a PPSR check before applying can save you from paying for an order that produces nothing.

The WA Judgment Enforcement Guide walks through each enforcement tool in sequence, including how to identify the right one for your debtor's situation.

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