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VIC Magistrates' Court eFiling Warrant to Seize Property FAQ

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What is a Warrant to Seize Property?

A Warrant to Seize Property (WSI) is a legal document that enables the sheriff to go to a debtor's home or business address and demand payment of a debt. They may seize property belonging to a debtor (the defendant in a complaint), in lieu of what is owed to a creditor (the plaintiff in a complaint). If the debtor fails to pay the amount owed the Sheriff will seize and sell the property, to recover the money, and forward the proceeds to the judgement creditor.


Why do I need to enter the judgement creditor?

In accordance with the Civil Procedure Rules 2020, the Form 68A - Warrant to Seize Property requires the judgement creditor to be cited in the instructions to the Sheriff.


How is the daily interest calculated on the generated Form 68A - Warrant to Seize Property?

The daily interest is the amount the Sheriff may additionally charge the debtor for each day it takes from the date of issue of the warrant until it can be executed. The daily amount is calculated using the Court mandated annual penalty interest rate that was applicable on the date of issue of the warrant. The interest rate is applied to the amount still outstanding on the order (Subtotal B on Form 68A) divided by the number of days in that year. Standard rounding applies and leap years are factored into the calculation.


When can a warrant be issued?

A warrant can be issued once the Magistrate's Court has made a Default Order. A warrant can not be lodged on the same day as a default order request (a 'pending' default order). Warrants are issued pursuant to Order 27 of the Magistrates' Court Civil Procedure Rules 1989.


What circumstances prevent the issue of a warrant?

A warrant can not be issued if there is any other action currently being undertaken to recover the money.


Can multiple warrants be issued for one defendant?

No. Only one warrant can be issued per defendant (debtor) per case.


Can multiple warrants be issued for one case?

If there are multiple defendants in a case, a warrant can be issued for each defendant. Multiple warrants for a single case can be created on the same day, provided each is for a different defendant.


Can a warrant be issued if the DOR was made manually?

Yes. A warrant can be issued as long as the Initial Complaint has been lodged via EDI and a successful default order exists. A warrant may be issued electronically regardless of whether the DOR was lodged manually or electronically. If the DOR was not lodged electronically, you will be reminded to check that a manual DOR was successful and to insert the date of the DOR.


What if I cannot locate a case for which I now want to file a Warrant to Seize Property?

A Warrant to Seize Property may only be lodged electronically if the Complaint was lodged electronically with CITEC Confirm within your current account. Please ensure that the case number you are wishing to lodge a Warrant to Seize Property for was lodged electronically through this account. You may do this by searching 'Maintain Documents'. from within the VIC Magistrates' Court eFiling system.


Can a warrant be issued on the same day as a Summons to Attend for Oral Examination?

Only one document per defendant per case can be issued in a day. A warrant can be issued before or after a Summons to Attend for Oral Examination for the same defendant/case but not on the same day.


How many Part Payments can be entered?

No more than 20 part payments can be recorded on the warrant.


Should Part Payments entered on the DOR be entered again in the warrant?

No. Only part payments made after the date of the Default Order should be included in either a Warrant or Summons to Attend for Oral Examination.


Should Part Payments entered on a SOE be entered again in the warrant?

If a Summons to Attend for Oral Examination has been created prior to the warrant, then the warrant should include any part payments that were included on the SOE. To guarantee accuracy, part payments from the SOE will be pre-filled in the part payment fields of the warrant. Likewise, part payments from the warrant will appear on the SOE.


At what point is the interest on costs calculated?

When the warrant has been successfully lodged with the Court, all associated costs are automatically calculated. Interest accrued on costs incurred or part payments will be determined and will appear on the Warrant to Seize Property. Please note all previous costs and fees incurred in issuing the Complaint, Default Order and Summons (if applicable) are tracked by CITEC Confirm and will appear on the successful Warrant.