Seizure and Sale Order in the ACT: Sheriff Enforcement

When a debtor won't pay and redirecting wages or bank funds isn't an option, the ACT Magistrates Court can authorise the Sheriff to physically seize the debtor's personal property and sell it at auction.

In some states this is called a writ of execution or a warrant of seizure. In the ACT, it's a seizure and sale order — Form 2.55 under the Court Procedures Rules 2006.

What the Sheriff Can Do

Once the court issues a seizure and sale order, Sheriff's officers can:

• Enter the debtor's premises
• Inventory personal goods that aren't subject to exemptions
• Take physical custody of those goods
• Sell them at public auction

The proceeds go to you, minus the Sheriff's execution costs. The fee determination allows up to three execution attempts at the same address per enforcement fee cycle.

Costs

This is the most expensive enforcement tool:

• Application fee: $176 for a natural person, $351 for a corporation
• Sheriff execution fee: $435 (covers up to three visits)

Both fees are recoverable — they're added to the judgment debt. But you pay them upfront, and if the Sheriff finds nothing worth seizing, you absorb the loss.

What Can't Be Seized

Statutory exemptions protect essential items from seizure:

• Basic household furniture, clothing, bedding, and kitchen appliances
• Professional tools of trade up to the statutory threshold value
• Specialised medical aids and equipment
• A primary motor vehicle up to the indexed equity threshold
• Property held under finance agreements, hire-purchase contracts, or PPSR-registered security interests (legal title belongs to the financier, not the debtor)
• Goods owned jointly with someone who isn't a judgment debtor, unless that person's interest can be isolated

Self-help seizure is strictly prohibited. You cannot seize property yourself, engage a private repossession agent, or force entry into the debtor's premises. Only the Sheriff, acting under a court order, has that authority.

When Seizure Makes Sense

Seizure and sale is typically the enforcement tool of last resort. It's appropriate when:

• The debtor has no steady wages to garnish
• Bank accounts are empty or hold only protected income
• The debtor owns valuable personal property — vehicles, equipment, inventory, or high-value goods
• Other enforcement tools have been tried and haven't produced results

Before committing $611+ in fees, consider starting with an enforcement hearing. It costs $100 and tells you whether the debtor actually owns seizable assets. Filing a seizure order against someone whose only property is exempt household goods wastes your money.

How to Apply

File at the ACT Magistrates Court Civil Registry:

• Form 2.55 (seizure and sale order application)
• A supporting affidavit confirming the debt balance, default, and prior enforcement steps
• Proof that Form 2.49 was served at least seven days before filing
• Both fees ($176/$351 application + $435 execution)

The Enforcing an ACAT Order in the ACT guide includes a decision matrix to help you work out whether seizure is the right tool for your situation, and walks through the application, service, and auction process step by step.

See more Australian Capital Territory guides →