Warrant of Seizure and Sale Queensland — Form 75 Guide

A Form 75 warrant authorises a court bailiff to seize the debtor's property — vehicles, equipment, goods, even real estate — and sell it at public auction to satisfy the judgment debt. It is the most powerful enforcement tool in Queensland, but it is also the most expensive.

The Security Deposit

Before the bailiff acts, you must pay a security deposit of $3,000 or $3,500, as confirmed by the registry. This covers the bailiff's travel, towing charges, storage, advertising, and auctioneer costs. Any unused portion is refunded after execution.

This upfront cost means seizure warrants rarely make sense for small debts. If you are owed $3,500 and the debtor's only seizable asset is a $2,000 car with no finance owing, the arithmetic does not work — the deposit alone exceeds the recovery.

What the Bailiff Can Seize

The bailiff can seize and sell:

• Vehicles used mainly for transport once their combined equity exceeds $9,950 (the 2026–27 bankruptcy exemption threshold)
• Machinery and commercial equipment
• Stock and inventory
• Furniture and goods beyond protected categories
• Tools of trade above the $4,600 exemption threshold for 2026–27
• Real estate, including the debtor's interest in jointly owned property

For real estate, the bailiff checks Titles Queensland to verify ownership and assess equity above registered mortgages. The bank's mortgage takes priority — the bailiff can sell only the debtor's net equity.

What Cannot Be Seized

Queensland and Commonwealth law protects certain property from seizure:

• Essential household goods — basic furniture, kitchen equipment, bedding, domestic appliances
• Tools of trade — property used to earn income by physical exertion, protected up to $4,600 for 2026–27
• Vehicles — vehicles used mainly for transport are protected up to a combined equity limit of $9,950 for 2026–27
• Centrelink-sourced funds — cannot be garnished at source

These exemptions exist to prevent the debtor from losing the basics needed to live and earn a living. They apply regardless of how much is owed.

The Execution Process

After you file the warrant (Form 9, Form 74, and Form 75 — no filing fee), you complete an Enforcement Creditor's Instructions form. This tells the bailiff exactly where to find the debtor's assets — addresses, vehicle identification numbers, storage locations, and any safety warnings.

The bailiff attends, identifies and tags the assets, arranges removal or on-site sale, and conducts a public auction. Proceeds are distributed in this order:

1. Prior registered mortgages, security interests, or tax liens
2. Bailiff execution expenses (travel, towing, storage, advertising, auctioneer)
3. The creditor's judgment debt plus accrued post-judgment interest
4. Any surplus returned to the debtor

If the Warrant Returns Empty

If the bailiff finds nothing to seize — a return of nulla bona — the warrant comes back unexecuted. This is not the end. You can apply for a different warrant type, such as earnings or bank redirection, or consider formal insolvency pathways.

Seizure warrants remain valid for one year and can be renewed before they expire.

When Seizure Is Worth It

Run a cost-benefit check before applying. The Queensland QCAT Order Enforcement Guide includes a seizure cost-benefit worksheet, but the basic calculation is: estimated asset value minus prior encumbrances minus execution costs. If the net figure exceeds zero by a meaningful margin, seizure is worth pursuing.

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