Sheriffs and bailiffs - Car crashes
Powers of entry
Under a property (seizure and sale) order, the sheriff or bailiff can:
- enter any place where they believe there is or may be personal property that may be seized under the order, and
- use any force or assistance that is reasonably necessary in the circumstances.
If the property to be seized is house and land, the sheriff or bailiff must seek the consent of the occupier to enter. If consent is unreasonably withheld, or if they are unable to contact the occupier or owner, the sheriff or bailiff may force entry to the property between 9 am and 5 pm.
Obstructing the sheriff or bailiff
It is a criminal offence to hinder or stop the seizure of property by removing, hiding, retaining or disposing of those items. The offence is punishable by fines or imprisonment. To avoid being charged with a criminal offence, it is important judgment debtors cooperate with sheriffs and bailiffs and do not obstruct them from doing their job.
What if the property taken belongs to someone else?
A person other than the judgment debtor who has a claim to goods seized can apply to the court to have them returned. This is called an interpleader.
To make an interpleader application, complete and lodge a Form 28 Notice of claim against property seized.
If the claim is accepted by the judgment creditor, the sheriff will release the seized property. If the judgment creditor disputes an interpleader claim, the court must determine who owns the property.