Part 16: Enforcement of Judgments and Orders

139. Applying for enforcement order 140. Requests for the Sheriff’s attendance 141. Service of Notice of Seizure or Attachment on the directions of the Sheriff 142. Claims and objections to seizure or attachment 143. Sale of immovable property 144. Sheriff’s Internet Website 145. Examination of Enforcement Respondent

An application for an enforcement order under Order 22, Rule 2(3) of the Rules of Court 2021 must be made by filing a summons without notice for an enforcement order in Form 38 of Appendix A of these Practice Directions.

The application for an enforcement order is to be made not earlier than 3 days after the Court order within the meaning of Order 22, Rule 1 of the Rules of Court 2021 has been served on the enforcement respondent.

Where an enforcement applicant requires the Sheriff or bailiffs 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 seized property; or (c) release seized property;

he or she must do so by filing the Request for Attendance of the Sheriff in Form B35 of Appendix B of these Practice Directions through the Electronic Filing Service. A Request for Attendance of the Sheriff made in any other manner may be rejected.

The fees prescribed under the Fourth Schedule to the Rules of Court 2021 will be payable in respect of any attendance by the Sheriff or bailiffs pursuant to a Request made in Form B35.

Where, under Order 22, Rule 6(4) of the Rules of Court 2021, an enforcement order is carried out by the Sheriff 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 Sheriff 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 file the notice of seizure and/or effect service of such notice of seizure or attachment, as the case may be.

Without affecting sub-paragraph (1), in respect of an enforcement order 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 Sheriff 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; and (b) to serve a copy of the notice of attachment on the enforcement respondent under Order 22, Rule 6(6) of the Rules of Court 2021.

Where the enforcement applicant’s solicitors have served the notice of attachment and copy of the notice of attachment as directed by the Sheriff under sub-paragraph (2), the enforcement applicant’s solicitors must notify the Sheriff 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 Sheriff under sub-paragraph (2):

the Sheriff’s commission under Order 22, Rule 9(2) of the Rules of Court 2021 continues to be payable to the Sheriff; but (b) items 13 and 14 of Part 3 of the Fourth Schedule to the Rules of Court 2021 are not payable to the Sheriff, or to the enforcement applicant’s solicitors, in respect of the service of the notice of attachment and copy of the notice of attachment.

If an objector objects to any seizure of property or attachment of debt by the Sheriff under Order 22, Rule 10(1) of the Rules of Court 2021, 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 B36 of Appendix B of these Practice Directions on the Sheriff, 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 B37 of Appendix B of these Practice Directions or a Notice of Dispute in Form B38 of Appendix B of these Practice Directions (as the case may be) on the Sheriff and the objector.

Where an enforcement applicant files a Notice of Dispute, the Sheriff may direct that he or she, within 7 days after the direction, apply to Court by summons in Form B39 of Appendix B 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 within the prescribed timeline, and the Sheriff directs the objector to apply to Court under Order 22, Rule 10(4) of the Rules of Court 2021 for an order to release the property or debt, the objector must, within 7 days after the direction, file a summons in Form B40 of Appendix B 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).

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 Sheriff 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 40 of Appendix A of these Practice Direction) 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 38 of Appendix A of these Practice Directions; and (ii) the Notice of Seizure in Form 40 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 Sheriff will appoint 1 to act on his or her behalf in the sale of the immovable property.

The Sheriff 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 Sheriff proceeds with the sale of the immovable property, the Sheriff 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 Sheriff:

the Sheriff 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 Sheriff in accordance with the Sheriff’s directions, and will be entitled to recover his or her legal fees and disbursements from the proceeds of sale as sheriff’s expenses.

The Sheriff’s Internet website referred to in Order 22, Rule 7(6)(a) of the Rules of Court 2021 can be found at https://www.judiciary.gov.sg/services/sheriff-sales-services/sheriff’s-sales.

A questionnaire in the manner and form set out in Form B41 or B42 of Appendix B of these Practice Directions (as may be appropriate) must be annexed to the order for examination of enforcement respondent under Order 22, Rule 11(5) of the Rules of Court 2021 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.