North Central Bailiffs Ltd.
Orders for Seizure and Sale
A Court Order is a legal document or proclamation in which a court orders a person to perform a specific act, prohibits him/her from performing an act, sets a court date, or legally establishes something. For example, a Court Order may require an individual to pay a specific amount of money to another party. Some Court Orders are used to set a date specifying when parties involved in a case are expected to appear in court. Other Court Orders may establish the relationship between parties in a case.
In many cases, Court Orders are issued in Writing and signed by a Judge or the Registrar of the Court.
Writs of Possession
A Writ of Possession is a document issued by the Court after a tenant has failed to comply with an Order to Vacate. A Writ of Possession may also be issued in foreclosure proceedings.
The Writ of Possession orders the Court Bailiff to evict tenants at a certain location. The Court Bailiff will evict all persons from the named premises.
The Court Bailiff serves the Writ of Possession on the tenant. The Court Bailiff will usually evict the tenant at the time of first contact, or if the landlord or creditor wishes, the Court Bailiff may inform the tenant that they must leave the premises named by a certain time period.
The costs of enforcement of a Writ of Possession are born entirely by the landlord or creditor, but the goods of a tenant may be subject to seizure to help pay for the expense.
A Writ of Possession is usually the next step after the enforcement of an Order of Possession, and the former can be obtained from the Supreme Court of British Columbia. Once the Order of Possession is filed with the Supreme Court, and if the tenant has not complied with it, a Writ of Possession can be issued. With the Writ of Possession from the court, a Court Bailiff can legally remove the tenant and the tenant’s belongings from the named premises.
Only a Court Bailiff has the legal authority to enforce a Writ of Possession or eviction. The landlord cannot evict the tenant or take their belongings.
To enforce the order, the following steps need to be completed:
- Before filing an application to the court, select a Court Bailiff from the list of Court Bailiffs that is available from the civil court registry. You would choose North Central Bailiffs Ltd.
- Contact the Court Bailiff firm to discuss the amount of the deposit; estimated costs associated with execution of the Writ of Possession, and the timelines for them to action a Writ of Possession. Contact information for our closest office is on the HOME page.
- Get the following forms from the Supreme Court Residential Tenancy Act-Writ of possession package. Fill out and file these documents at a Supreme Court civil registry:
- Requisition – Form 17
- Affidavit of Service
- Writ of Possession – Form 52
- Original or Certified Copy of the Order of Possession (the original you receive from the Residential Tenancy Branch is a certified copy)
- The Supreme Court of British Columbia has fees associated with issuing a Writ of Possession and swearing an Affidavit at the court registry.
- Give the filing clerk at the Court Registry the name of the Court Bailiff firm you wish to use. Once issued, the Court Registry will hold the original Writ of possession for the Court Bailiff company you hired. You are responsible for ensuring that the deposit, a copy of the Writ of Possession, and any other required information is provided to the Court Bailiff.
The Writ of Possession has a provision that gives the Court Bailiff the authority to seize and sell goods of the tenant to recover the landlord’s costs that may include Court Bailiff fees, locksmith fees, and moving fees. The Court Bailiff will only seize assets if there are items of value that exceed those allowed in the Court Order Enforcement Act. However, if the tenant’s property will not pay for the costs, the landlord may wish to have the Court Bailiff serve a Small Claims Notice of Claim on the tenant for these costs.
Writs of Seizure and Sale
A Writ of Seizure and Sale instructs the Court Bailiff to seize sufficient of the debtor’s unencumbered personal property, which will be sold to satisfy the amount of the Judgment. The Registrar of the court where the Judgment or Order was made and directed issues a Writ of Seizure and Sale to the Sheriff or Court Bailiff of the district where the debtor resides or is believed to have assets.
To obtain a Writ of Seizure and Sale, you will need:
- A copy of the Order or Judgment as entered and any other evidence necessary to establish the amount awarded
- A requisition to the Registrar to issue a Writ of Seizure and Sale directed to the Sheriff or Court Bailiff of a district. The requisition must set out:
- (a) The date and amount of any payment received since the order was made
- (b) The amount owing and rate of post-judgment interest
- A completed Form 60A (Writ of Seizure and Sale) directed to the Sheriff or Court Bailiff of a specific district.
- The Registrar’s fee for each Writ to be issued.
Be sure to obtain and file sufficient copies of Writs for each judicial district in which the debtor is believed to have assets because each Writ will only attach to the debtor’s assets located in that particular district. It may be that you might have to issue Writs of Seizure and Sale to Court Bailiffs in more than one area. Ask our local Court Bailiff about this. If you have issued Writs in any other district, you must inform each of the Court Bailiffs.
One must also ensure that the Judgment Debtor is properly named on the Writ. The Execution Act provides that a Writ will not bind the real property of an execution debtor unless the name set out in the Writ includes at least one given name in full.
When a Writ is delivered to the Sheriff or Court Bailiff, it binds all of the real and personal property within the jurisdiction of that Sheriff or Court Bailiff. “Binding” the debtor’s assets gives the Sheriff or Court Bailiff the legal right to seize them. However, the goods continue to be the property of the debtor until they are seized and sold by the Sheriff or Court Bailiff.
A Writ of Seizure and Sale remains in force for one year from the date of its issue and thereafter for an additional year from each renewal. In the case of Writs of Seizure and Sale issued from the Federal Court only, such Writs remain in force for six years from the date of issue.
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