No. 55

Notice of Seizure (Schedule 1 - RSC O.45 r.2) 
 

                                          IN THE HIGH COURT OF JUSTICE

                                          QUEEN'S BENCH DIVISION

                                          [  ] District Registry

                                          High Court Claim No.

                                          [County Court Claim No.          ] 

[Sent from the [             ] County Court by Certificate dated (date)] 

Claimant 
 
 
 
 

Defendant 
 

Address of premises . ..............................................................

THIS NOTICE is left by an Officer of the Sheriff of . ....................................

Sheriff’s Reference No. . ................. 

TAKE NOTICE THAT:

1. A formal seizure of the goods at the above address has been made under a Writ of Execution directed to the Sheriff by the High Court. The Sheriff accordingly has conduct of the execution.

2. The goods seized are now in the custody of the Sheriff, as an officer of the Court, and must not be removed, sold or otherwise disposed of. This will remain the position until the sum due under the execution has been paid in full. The only exceptions are goods of the type referred to in section 138(3A) of the Supreme Court Act 1981. (This section is set out overleaf). Enclosed with this NOTICE is a WALKING POSSESSION AGREEMENT in the form prescribed by law. You must read this agreement and sign it to acknowledge the seizure and hand it to the Sheriff’s Officer attending your premises or return it to this Office. Failure to sign the Walking Possession Agreement may result in the removal of the goods seized without further notice pending disposal by public auction.

3. The judgment debt of £     and £      costs of execution are due under the Writ [together with £      interest and Sheriff’s Charges] or [You must be in touch IMMEDIATELY with this Office so that you can be told the exact amount due for interest and Sheriff’s charges].

4. Payment must be made to this Office in CASH or by BANK DRAFT. Payment by cheque may be accepted if the Sheriff agrees but may be subject to such charges (if any) as are made by his bankers for special clearance.

5. If payment is not made and the execution proceeds, the Sheriff’s officers or their agents will attend and remove the goods seized for sale by public auction or as the Court may direct.

6. If any of the goods seized are not your property, you must tell the owner about the seizure and he must write to the Sheriff claiming the goods.

7. If any of the goods seized are the subject of a hire purchase or any similar agreement, you must send full details in writing to the Sheriff.

8. If any of the goods seized are not liable to seizure by virtue of section 138(3A) of the Supreme Court Act 1981 (set out overleaf) this Office must be sent full details in writing within 5 days of the seizure or within such greater period as the Court may, on your application, allow.

9. You must inform this Office if another bailiff seizes, levies on or distrains the goods to pay another debt and you must inform that bailiff of this seizure.

10. You must also inform this Office of any Petition in Bankruptcy or application to liquidate a limited company that may have been or is subsequently served on you.

11. The goods seized are all those referred to at 2 above but, in case there is any doubt, the following items ARE INCLUDED IN THE SEIZURE:

................................................................................

................................................................................

................................................................................ 

Dated  

Signed: 

Address: 
 

[Reverse of form:]

Section 138(3A) of the Supreme Court Act 1981 provides as follows—

“(3A) Every sheriff or officer executing any writ of execution issued from the High Court against the goods of any person may by virtue of it seize—

    (a) any of that person’s goods except—

      (i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;

      (ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family; and

    (b) any money, bank notes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to that person.”.