Part XIV: Execution Matters
96. Filing of writs of execution through the Electronic Filing Service97. Sale of immovable property98. Writs of execution & writs of distress – movable property
- (1) Bailiff to inform execution debtor of the seizure and/or sale
- (2) Execution creditor or his authorised representative to be present at the seizure and/or sale
- (3) Requests for the Bailiff’s ad hoc attendance
- (4) Effecting entry into premises
- (5) Valuation Report
- (6) Auctions99. [DELETED]100. Examination of Judgment Debtor101. Committal proceeding
(1) An application for a writ of execution shall be made by way of filing a writ of execution in Form 82, 83, 84, 85 or 207 of Appendix A to the Rules of Court (Cap. 322, R 5).
(2) 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 of the Rules of Court.
(3) The previous practice of filing a Request to issue a writ of execution is discontinued.
(1) If an execution creditor wishes to effect the sale of immovable property seized under a writ of seizure and sale, he shall file the requisite electronic form Request for sale to the Bailiff through the Electronic Filing Service. When filing the Request, the execution creditor must provide evidence of the following (if not already provided previously):
(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 the immovable property has been served on the execution debtor; 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.
(2) The Bailiff 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 Bailiff proceeds with the sale of the immovable property, the Bailiff may appoint any solicitor on his behalf to settle the particulars and conditions of sale.
(4) The Bailiff’s instructions to a solicitor appointed to sell the immovable property shall include the following:
(a) that the Bailiff may require more than one valuation report to be submitted by a certified appraiser before proceeding with the sale;
(b) that 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) that 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) that the solicitor shall prepare all necessary conditions of sale, documentation, accounts and particulars on behalf of the Bailiff in accordance with the Bailiff’s directions, and shall be entitled to recover his legal fees and disbursements.
(1) Bailiff to inform execution debtor of the seizure and/or sale
Prior to the seizure and/or sale, the Bailiff will notify the execution debtor, as far as is practicable, of the impending seizure and/or sale.
(2) Execution creditor or his authorised representative to be present at the seizure and/or sale
(a) The execution creditor or his authorised representative must be present with the Bailiff at the appointed date and time of any seizure and/or sale.
(b) If the execution creditor or his authorised representative is absent at the appointed date and time of the seizure and/or sale, the execution creditor shall be deemed to have abandoned the same.
(3) Requests for the Bailiff’s ad hoc attendance
(a) If any person requires the Bailiff to attend at any place in connection with any order of court or writ of execution or writ of distress whether during or after office hours for any purpose, that person must file a Request in the appropriate electronic form through the Electronic Filing Service. A Request for attendance made in any other manner will not be acceded to.
(b) The fees payable in respect of any such attendance by the Bailiff shall be as prescribed in the Rules of Court (Cap. 322, R 5) or as determined by the Registrar.
(4) Effecting entry into premises
Where the execution creditor requests the Bailiff to exercise his powers of entry into the premises of the execution debtor, the following conditions shall apply:
(a) save in special circumstances, entry shall only be effected on the second or subsequent appointment or attempt;
(b) the Bailiff may, in any case, refuse to effect the entry without assigning any reason; and
(c) the execution creditor shall at his expense, upon the direction of the Bailiff, engage any security personnel, locksmith or any other person or facility as the Bailiff deems appropriate to assist in effecting entry into the premises and the execution process.
(5) Valuation Report
The execution creditor or his solicitors shall, at the Bailiff’s request, furnish a written valuation report of the item(s) that is/are the subject matter of the seizure.
(a) Scheduled auctions
If a scheduled auction is not proceeded with, or is abandoned due to the absence of the execution creditor or his authorised representative, the Bailiff may at his discretion release any or all of the items seized.
(b) Sale by auctioneer
Where the value of the property seized is estimated by the Bailiff to not exceed $2,000, the auction shall be carried out by an authorised auctioneer engaged by the execution creditor, and all costs and expenses incurred in connection with the auction shall be borne by the execution creditor and may be added to the judgment debt.
(1) A questionnaire in the recommended format as set out in Form 16 or 17 of Appendix A to 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. Solicitors may modify the questions according to the circumstances of each case.
(2) If the Judgment Debtor or his solicitor is of the view that any question is unreasonable, he is to contact the solicitor for 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 Deputy Registrar and received as evidence upon the Judgment Debtor’s confirmation on oath that his answers provided are true and correct. Counsel for 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 counsel for the Judgment Creditor agrees to apply for a discharge of the Order for Examination at the examination hearing.
An applicant seeking to lift a suspension order under Order 52 Rule 6(3) of the Rules of Court (Cap. 322, R 5) to enforce committal orders must prepare his or her own Warrant in accordance with Form 110 in Appendix A of the Rules of Court and bring the same to the hearing.