Step by step guide - Writ for the delivery of goods

You need two forms:

• ​Form 63 - Notice of motion - writ for the delivery of goods
  
• Form 64 - Writ of delivery.
  

You can get copies of the forms from:

• ​​the Local Court or
  
• the Uniform Civil Procedure Rules (UCPR) website.  

The notice of motion has an affidavit attached. 

You can fill out your form:

• ​​​by completing it on your computer
  
• by printing the form and completing it in blue or black pen.
  

When you prepare the notice of motion form, you should include: 

• ​​Your case number. You will find this on your sealed copy of the statement of claim, which is the copy stamped by the court.
  
• The name, address and telephone number of the person affected by the orders sought (the other party).
  
• A sealed copy of the judgment.
  
• A list of any goods that have been returned to you since the judgment.
  
• Details of any payments made by the other party to you for the value of the goods.
  
• Any costs you are claiming from the other party.
  
• The address where you the goods are.
  
• Information about how to contact the other party (if you know).
  
• The best times to find the other party at home (if you know).
  
• List of anything dangerous at the other party's home (if you know).
  

When have completed the notice of motion form, you need to swear or affirm it in front of an approved witness, a lawyer or Justice of the Peace (JP). 

For more information about where to find a Justice of the Peace, see Finding a JP on the Department of Communities & Justice website.

When you prepare the writ of delivery, you should include: 

• ​A list of the goods to be delivered.
  
• An address where you think the goods are.
  
• Any costs you are claiming from the other party.
• If you are claiming money for costs or damages from the other person, you need to decide whether you want to ask the court to also make an order that the sheriff take and sell goods belonging to the other party (not the goods you want back) to cover this debt.
• Information about how to contact the other party (if you know).

Instructions:

Instructions - Notice of motion – writ for the delivery of goods

​​​Instructions - Writ of delivery​

Samples: 

Sample - Notice of motion – writ for the delivery of goods

Sample ​- Writ of delivery​

Take or send both forms to the court where the statement of claim was filed. You should file the original and two copies, one copy for you and one copy for the sheriff. 

There is no filing fee but you need to pay the court the sheriff's execution fee. This is paid at the time of filing. The sheriff will charge you $100.00 (as at 1 July 2023) each time they visit an address and each time they execute or attempt execution. For more information, see Sheriff's forms and fees on the Office of the Sheriff website.

If the sheriff seizes goods (other than the goods you are trying to recover) to sell, a levy of 3% of the money made from auctioning will be charged. The sheriff may also add amounts for other expenses like towing a car. You will have to pay these amounts, but they can later be added to the judgment debt. 

The court will issue the writ without you or the other party attending court. The court will send the writ to the sheriff's of​fice nearest to the other party's address. The sheriff will contact you directly regarding the payment of any additional fees or if they have any problems executing the writ. If you cannot pay the additional fees, the sheriff may not take any further steps. 

You do not have to provide the other party with a copy of the writ. 

The sheriff may contact the other party or go to their home to let them know about the writ. The sheriff may give the other party some time (for example, one week) to get some legal advice​ about the writ. 

If the other party does not take any action to stop enforcement, the sheriff will return and seize (take) the goods. 

When the sheriff goes to the other party's home with the writ, the other party has a number of options:

​​Apply to set aside the judgment 

If you have a default judgment, it is possible that the other party did not receive the statement of claim. They might not know about the judgment until the sheriff arrives. The other party may make an urgent application to the court to set aside the judgment.  For more information, see Step by step guide - Responding to an application to set aside efault judgment.

​​Offer to ret​urn the goods or pay for the value of the goods

The other party may contact you and offer to return the goods directly to you, or offer to pay you money for the goods. If this happens, you should get legal advice​. You may still have to pay fees to the sheriff even if the other party returns the goods to you dire​ctly. 

If the court ordered that either the goods be returned or that the other party pay you for the value of the goods, you can apply to the court to change the order so that the other party does not have the option of paying for the value of the goods. If you want to do this, you should get legal advice​. 

Apply to the court for a stay of enforcement

The other party may apply to the court to stay (stop) the enforcement. They will have to provide the court with evidence of a good reason for the stay. 

For more information, see Stay of enforcement, in Enforcement.