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Enforcement Warrant - Seizure and Sale of Property

Instructions and requirements for bailiff to sell land As at March, 2002

  1. Instruct the bailiff in writing to sell the land and advice the residential address of the Defendant.
  2. Give an undertaking to satisfy costs outstanding within 7 days if auction is unsuccessful or property is withdrawn from sale after expenditure of the security fee.
  3. Supply in writing the residential address of the subject land to be sold i.e. Number, street, suburb, etc.
  4. Supply cost of IVAS report from Department of Natural Resources
  5. Supply a copy of Registration confirmation statement from Department of Natural resources.
  6. Supply full details of encumbrances registered on the Title, when formally requested by the bailiff.
  7. Supply a valuation of the property (e.g. a kerbside valuation) by a Real Estate Agent when formally
    requested by the bailiff.
  8. Supply details of the amount, if any, of Council rates outstanding when formally requested by the
    bailiff.
  9. Attach cheque for the amount of $1,800.00 made payable to "Bailiffs Office Brisbane", to cover advertising costs, etc.
  10. Attach a further cheque made payable to the Magistrates Court, to cover Bailiffs execution fee, applicable to the address listed on the warrant.
  11. All requirements for sale should be forwarded to the applicable Magistrates Court at least two months, prior to the expiry date of the Warrant notation on Title.
  12. Notify the Court of Issue of the Warrant, in writing as to:

a. Monies received by or on behalf of the Judgement Creditor after issue of the Warrant.

b. Additional costs incurred after issue of the Warrant so that they may endorse on the Warrant and claimed on settlement.

c. Any negotiations as to settlement arrangement between the parties after issue of the Warrant.

If any of the above points are not in writing and are only advised by telephone they will not be acted upon the Bailiff until verified by written instructions



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