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When a Court grants a judgment against a party ordering them to pay a sum of money, a writ of execution can prevent the losing party from selling, gifting or otherwise dissolving their real property to avoid paying judgment. This equally applies with residential real estate, commercial real estate or land.
If you have been granted judgment against somebody, the next step is to obtain an enforcement warrant in order for you to enforce the judgment.
If that person has real property (whether residential or commercial), in most circumstances the most effective way to recover your judgment amount is by forcing the sale of that property.
If, for example, a person was to transfer property after a judgment to their spouse or friend, then it may be the case that a trustee in bankruptcy or liquidator would be necessary to reverse that transaction. That complicates matters and costs more money.
The reason for lodging a writ over real property is that it will secure your interest in the land for six months and may be able to be renewed at the end of that period.
If a judgment debtor does attempt to sell or transfer their property (or any interest in the property) before the judgment against them can be enforced, a writ of execution prevents that sale.
Writs can be registered against a variety of things, including a lot, lease and a sub-lease.
A writ of execution is registered by filing a ‘Form 12 – Request to Register Writ of Execution/ Warrant of Execution’ with the Titles Office of the Department of Natural Resources, Mines & Energy. This request form needs to be accompanied by the Writ of Execution document itself.
If the judgment is from another jurisdiction, be it another Australian State or Territory or an overseas jurisdiction, the party with the judgment may be able to file an application to register that judgment with the Queensland Supreme Court under the Foreign Judgments Act 1991 (Qld). Once registered, a foreign judgment will have the same force as a Queensland Judgment and can be used to support a request for a writ of execution.
The writ itself does nothing other than prevent the transfer or sale of real property. An enforcement warrant is also required for an authorised Court officer (usually the Bailiff) to auction the interest in the property and transfer any net proceeds (after bailiff and mortgage costs) to you to satisfy judgment.
If there are insufficient proceeds, other enforcement warrants are available, but do not relate to lodging a writ.
Yes – a writ can be renewed. A party may apply to the Court for a renewal of the enforcement warrant, even after the expiry of the warrant. If the Court grants the extension, then a ‘Form 14 – General Request’ attaching the Court Order should be completed and filed with the Titles Office.
A writ of execution may be deregistered and removed from title if:
This would most commonly occur if the judgment is paid after the writ is registered.
This means that the property has been transferred and the money has been paid to the judgment creditor.
If you have obtained a Court judgment that entitles you to be paid a sum of money, you have the right to enforce that judgment.
Our experienced solicitors at Gibbs Wright Litigation Lawyers can help you in preparing the necessary documents to register your writ of enforcement to help you get paid the money that you are owed.
Call Gibbs Wright Litigation Lawyers today about your writ of execution lodgement over a free and confidential consultation to explore your options and legal rights.