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• Winding-Up

WHAT IS WRIT OF EXECUTION ?

Writ of execution includes

• a writ of seizure and sale
• a writ of possession and
• a writ of delivery.

Writ of seizure and sale, being the most common execution among these 3 writs, can be enforced, where

• a judgment or order for the payment of money, not being a judgment or order for the payment of money into Court

has not been complied with.

An example is the judgment debtor's vehicle, where the judgment creditor able to confirm that the judgment debtor is the owner of a vehicle, application can be made for a writ of seizure and sale of his or her vehicle.

Writ of seizure and sale can also be enforced against the judgment debtor's properties in his or her own residence.

Where the judgment debtor's properties are subject to prior claim by leasing or financial institution for a great amount, it may not be justified to proceed with writ of seizure and sale as the amount from the realization may not be able to cover the costs, commission fees and expenses for the execution or even the amount charged to the financial institution.

Writ of possession can be enforced with the leave of the Court, where:

• a judgment or order for the giving of possession of immovable property

has not been complied with.

Writ of delivery is for the recovery of movable property or its assessed value where

• a judgment or order for the delivery of any movable property or payment of their assessed value to the judgment creditor

has not been complied with.

Writ of delivery may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

Application for Writ of Execution can be made in Form 82.