PART 19: ENFORCEMENT OF JUDGMENTS AND ORDERS

158. Requests for the bailiff’s attendance 159. Seizure or attachment under an enforcement order 160. Claims and objections to seizure or attachment 161. Sale and valuation of seized property 162. Sale of immovable property 163. Bailiff’s Internet website 164. Examination of enforcement respondent

Where an enforcement applicant requires the bailiff to:

attend at the place of execution at any time after the first attendance, whether during or after office hours, for the purposes of carrying out an enforcement order, to arrest a debtor, or for any other purpose; (b) proceed with the sale of the seized property; or (c) release seized property;

he or she must do so by filing the Request for Attendance of the Bailiff in Form 125 of Appendix A of these Practice Directions through the Electronic Filing Service. A Request for Attendance of the Bailiff made in any other manner may be rejected.

The fees prescribed under the Third Schedule to the Family Justice (General) Rules 2024 will be payable in respect of any attendance by the bailiff pursuant to a request made in Form 125.

After the enforcement applicant extracts the enforcement order (“EO”), the bailiff shall fix a first appointment for enforcement, and shall issue a Letter of Appointment (including a request for deposit) to inform the enforcement applicant of the date and time of the first enforcement attempt. Enforcement may be carried out between the hours of 9.00 a.m. and 5.00 p.m. at the bailiff’s discretion, unless the bailiff or the Court otherwise orders.

Where, under Part 23, Rule 6(4) of the Family Justice (General) Rules 2024, an EO is carried out by the bailiff serving:

a notice of seizure on any person or entity; (b) a notice of seizure on the Singapore Land Authority; or (c) a notice of attachment on any financial institution or non-party;

the bailiff may engage, or direct the enforcement applicant to engage, the services of any appropriate persons or service provider, including the enforcement applicant’s solicitors, to effect service of such notice of seizure or attachment.

Where, under Part 23, Rule 6(6) of the Family Justice (General) Rules 2024, a copy of the notice of seizure or attachment must be served on the enforcement respondent, the bailiff may engage, or direct the enforcement applicant to engage, the services of any appropriate persons or service provider, including the enforcement applicant’s solicitors, to effect service of such copy of the notice of seizure or attachment.

Without affecting sub-paragraphs (2) and (3), in respect of an EO for attachment of a debt due to the enforcement respondent from a financial institution or any other non-party, where the enforcement applicant is represented in the enforcement proceedings by solicitors, the bailiff will direct the enforcement applicant to engage the services of the enforcement applicant’s solicitors:

to serve the notice of attachment on the financial institution or non-party under Part 23, Rule 6(4) of the Family Justice (General) Rules 2024; and (b) to serve a copy of the notice of attachment on the enforcement respondent under Part 23, Rule 6(6) of the Family Justice (General) Rules 2024.

Where the enforcement applicant's solicitors have served the notice of attachment and copy of the notice of attachment as directed by the bailiff under sub-paragraph (4), the enforcement applicant’s solicitors must notify the bailiff in writing of the date, time and mode of service of each document within three (3) working days after the date that document is served.

To avoid doubt, where the enforcement applicant's solicitors have served the notice of attachment and copy of the notice of attachment as directed by the bailiff under sub-paragraph (4):

the bailiff’s commission under Part 23, Rule 9(2) of the Family Justice (General) Rules 2024 continues to be payable to the bailiff; but (b) items 13 and 14 of Part 3 of the Third Schedule to the Family Justice (General) Rules 2024 are not payable to the bailiff, or to the enforcement applicant’s solicitors, in respect of the service of the notice of attachment and copy of the notice of attachment.

Upon the bailiff’s request, the enforcement applicant or the enforcement applicant’s solicitor or other authorised representative must accompany the bailiff when the bailiff carries out the EO:

Pursuant to Part 23, Rule 6(3) of the Family Justice (General) Rules 2024, the enforcement applicant or the enforcement applicant’s solicitor or other authorised representative must be present with the bailiff at the appointed date, time and address of any enforcement attempt, upon the bailiff’s request. (b) If the enforcement applicant or the enforcement applicant’s solicitor or other authorised representative is absent at the appointed date, time and address of the enforcement attempt, the appointment is deemed vacated and the bailiff shall not proceed with the enforcement attempt. (c) Insofar as the seizure of movable property is concerned, the bailiff will only seize property that is identified by the enforcement applicant or the enforcement applicant’s solicitor or other authorised representative.

Effecting forced entry into premises

Where the EO authorises the bailiff to effect seizure in respect of properties in the possession or control of the enforcement respondent, and the enforcement applicant requests the bailiff to exercise his powers of entry into the premises of the enforcement respondent, the following conditions shall apply:

save in special circumstances, entry shall only be effected on the second or subsequent enforcement attempt; (b) the bailiff may, in any case, refuse to effect the forced entry without assigning any reason; and (c) the enforcement applicant shall at his or her expense, upon the direction of the bailiff, engage any security personnel, locksmith or any other person or facility as the bailiff deems appropriate to assist in effecting entry into the premises and the enforcement process.

Under Part 23, Rule 6(9)(a) of the Family Justice (General) Rules 2024, a non-party who is served with a notice of attachment must, within 14 days of service of the notice of attachment, inform the bailiff of the amount owing by the non-party to the enforcement respondent that is available to be attached. The non-party must copy the enforcement applicant when providing the bailiff with this information. If no notice of objection is filed under Part 23, Rule 10 of the Family Justice (General) Rules 2024, the bailiff will inform the non-party of the commission due to the bailiff within 7 days of receipt of this information. The commission shall be handed or paid over to the bailiff in priority to the money that is to be handed or paid over to the enforcement applicant.

A non-party who is served with a notice of attachment and who has handed or paid over to the enforcement applicant the money due to the enforcement respondent must inform the bailiff of such handing or payment within 7 days of the same.

If, after the first enforcement attempt, the enforcement applicant wishes to proceed with a subsequent enforcement attempt under an enforcement method, or one or more of the remaining enforcement methods ordered in the EO, the enforcement applicant shall file a “Request to Proceed with Seizure / Enforcement” via the Electronic Filing Service.

If, at any stage, the enforcement applicant does not wish to proceed with a subsequent enforcement attempt under an enforcement method, or any of the remaining enforcement methods ordered in the EO, the enforcement applicant shall file a “Notice Not to Take Further Action on Enforcement Order” via the Electronic Filing Service.

If an objector objects to any seizure of property or attachment of debt by the bailiff under Part 23, Rule 10(1) of the Family Justice (General) Rules 2024, the objector must, within 14 days after the service of the notice of seizure or attachment, file and serve a Notice of Objection in Form 126 of Appendix A of these Practice Directions on the bailiff, the enforcement applicant, the enforcement respondent (if not the objector) and any non-party served with the notice of attachment (if not the objector).

If the enforcement applicant accepts or disputes the grounds of objection, the enforcement applicant must, within 14 days after the service of the Notice of Objection, file and serve a Consent to Release in Form 127 of Appendix A of these Practice Directions or a Notice of Dispute to Objection in Form 128 of Appendix A of these Practice Directions (as the case may be) on the bailiff and the objector.

Where an enforcement applicant files a Notice of Dispute to Objection, the bailiff may direct that he or she, within 7 days after the direction, apply to Court by summons in Form 129 of Appendix A of these Practice Directions in the action supported by affidavit for an order determining the ground of objection in respect of the property or debt in dispute. The summons and supporting affidavit must be served on the objector, the enforcement respondent (if not the objector), and any non-party served with the notice of attachment (if not the objector).

Where an enforcement applicant fails to file a Consent to Release or a Notice of Dispute to Objection within the prescribed timeline, and the bailiff directs the objector to apply to Court under Part 23, Rule 10(4) of the Family Justice (General) Rules 2024 for an order to release the property or debt, the objector must, within 7 days after the direction, file a summons in Form 130 of Appendix A of these Practice Directions in the action supported by an affidavit. The summons and supporting affidavit must be served on the enforcement applicant, the enforcement respondent (if not the objector), and any non-party served with the Notice of Seizure or Attachment (if not the objector).

After seizure is effected by the bailiff and the relevant timelines in Part 23, Rules 7(1) and (2) of the Family Justice (General) Rules 2024 have passed, the bailiff may take steps to sell the seized property, including requiring the enforcement applicant to furnish a written valuation report or estimated valuation of the seized property, in order for the bailiff to decide the conditions of sale.

Auctions

Sale by bailiff If a scheduled auction is not proceeded with, or is abandoned due to the absence of the enforcement applicant or the enforcement applicant’s solicitor or other authorised representative, the bailiff may at his or her discretion release any or all of the items seized. (b) Sale by auctioneer (i) Under Part 23, Rules 7(5) and (7) of the Family Justice (General) Rules 2024, where the value of the seized property is estimated by the bailiff to be more than $20,000, or where the property in question is immovable property, the sale must be carried out by an auctioneer and by public auction. The auctioneer shall be engaged by the enforcement applicant, and the auction must be advertised by the auctioneer at least once in a printed local newspaper and at least 14 days before the date of auction. (ii) Under Part 23, Rule 7(4) of the Family Justice (General) Rules 2024, where the value of the seized property is estimated by the bailiff to be $20,000 or less, the sale may be carried out by the bailiff and may be by private treaty or by public auction. Where the sale is by public auction, the auctioneer shall be engaged by the enforcement applicant, and the bailiff may direct that the auction be advertised by the auctioneer at least once in a printed local newspaper and at least 14 days before the date of auction. (iii) All costs and expenses incurred in connection with the auction shall be borne by the enforcement applicant and may be added to the judgment debt.

If an enforcement applicant wishes to effect the sale of immovable property seized under an enforcement order, he or she must file the requisite Request for sale electronic form to the bailiff through the Electronic Filing Service. When filing the Request for sale electronic form, the enforcement applicant must provide evidence of the following:

the date of service of the Notice of Seizure (in Form 123 of Appendix A of these Practice Directions) on the Singapore Land Authority in respect of title to the immovable property, and the date of registration (and expiry) of the enforcement order relating to the immovable property; (b) that copies of (i) the enforcement order in Form 121 of Appendix A of these Practice Directions; and (ii) the Notice of Seizure in Form 123 of Appendix A of these Practice Directions, have been served on the enforcement respondent, and the dates of such service; (c) whether the immovable property is subject to any mortgage or charge, and if so, that the mortgagee or chargee consents to the sale; and (d) the names of 3 proposed law firms and / or solicitors, among whom the bailiff will appoint 1 to act on his or her behalf in the sale of the immovable property.

The bailiff is not required to proceed with the sale if the immovable property is subject to a mortgage or charge and the enforcement applicant is unable to produce the written consent of the mortgagee or chargee to the sale.

If the bailiff proceeds with the sale of the immovable property, the bailiff may appoint any solicitor to settle the particulars and conditions of sale on his or her behalf.

The following applies to any sale of immovable property by the bailiff:

the bailiff may require more than 1 valuation report to be submitted by a valuer before proceeding with the sale; (b) the sale must be conducted by an auctioneer and the immovable property must be offered for sale by way of public auction in such manner as the auctioneer may advise; (c) the immovable property must not be sold at a price below the forced sale value as specified in the valuation report, or if there exists 2 or more valuation reports, in the latest valuation report; and (d) the solicitor must prepare all necessary conditions of sale, documentation, accounts and particulars on behalf of the bailiff in accordance with the bailiff’s directions, and will be entitled to recover his or her legal fees and disbursements from the proceeds of sale as bailiff’s expenses.

The bailiff’s Internet website referred to in Part 23, Rule 7(6)(a) of the Family Justice (General) Rules 2024 can be found at .

A questionnaire in the manner and form set out in Form 131A or 131B of Appendix A of these Practice Directions (as may be appropriate) must be annexed to the order for examination of enforcement respondent under Part 23, Rule 11(5) of the Family Justice (General) Rules 2024 when the said order is served on the enforcement respondent or the officer or officers of the enforcement respondent if it is an entity (collectively, the “enforcement respondent” for the purposes of this paragraph). The enforcement applicant may modify the questions according to the circumstances of each case.

If the enforcement respondent is of the view that any question in the questionnaire is unreasonable, he or she is to contact the enforcement applicant to ascertain whether the issue can be resolved prior to the hearing.

At the hearing, the answered questionnaire is to be produced to the Registrar and received as evidence upon the enforcement respondent’s confirmation on oath that his or her answers provided are true and correct. The enforcement applicant may then apply to discharge the enforcement respondent or proceed with further questioning.

The enforcement respondent need not attend at the hearing if:

he or she provides his or her answers to the questionnaire to the enforcement applicant by way of an affidavit or statutory declaration before the hearing; and (b) the enforcement applicant agrees to apply for a discharge of the order for examination of enforcement respondent at the hearing.