Call Us TODAY on 020 3588 4240

What is Seized Goods Letter and How to Apply for it?

Worth Sharing?

Download Our Free E-book

Get Access to the Best Content on High Court Enforcement

Our national panel of Certified High Court Enforcement Officers will help you collect your money quickly and easily.

If you have a customer who’s fallen behind in his payments and does not have the means to pay your dues, you will have to go to court and request a ‘seizure of goods’ permission. The court will first rule out a judgment ordering your debtor to pay but if your debtor ignores that then it will be followed by the seizure of the notice of the good.

If the court considers your request, it will ask you to serve a notice to your debtor that enforcement agents will be visiting his property to list the goods and if he still doesn’t make the payment then the goods equal to the value of the debt will be seized by the agents.

What Seizure of Goods Notice is About?

This notice gives important advice and information to the debtor about what to do if you have had something seized by HMRC or Border Force. It applies to the seizure of things, such as goods and vehicles, under section 139 of the Customs and Excise Management Act 1979. It does not apply to seizures carried out under any other law.

Details of the things seized from the debtor will be listed on one of the following |

  • a seizure information notice handed to the debtor or his agent if the thing was seized in their presence – the reason for the seizure is explained to the person present at the time of seizure
  • a notice of seizure is sent to the debtor if he or his agent is not present when the things are seized

The information in this notice covers seizures by HMRC and Border Force because the process is the same even though they are separate government organisations. However, it gives different contact details for HMRC and Border Force. If the debtor wants to stop the seizure of his goods then they must contact the correct organisation, depending on who seized from them, so their case can be dealt with promptly.

Seizures of cash under the Proceeds of Crime Act 2002 and seizures made under section 19 of the Police and Criminal Evidence Act 1984 (PACE) are not covered by the information in this notice.

Challenging the seizure of goods

If your debtor doesn’t agree with the seizure of goods by HMRC or Border Force and wants to challenge the legality of their actions they can do so within one calendar month of the seizure date.

The debtor will need to complete a Notice of Claim detailing the items concerned, why he’s making a challenge, and if a vehicle was seized, he needs to provide proof that he’s the owner.

Once the Notice of Claim has been received, the body concerned begins ‘condemnation proceedings in court. Here it is decided whether or not their actions were legal – it is not action taken against the debtor as the owner of the goods but does require their attendance at the court hearing.

The debtor needs to swear on oath that he owns these goods and explain why he thinks it was wrong to seize them. The authority concerned presents their evidence, and a decision is then made by the court.

Warrant of seizure and sale

An enforcement officer with a warrant of seizure and sale can enter private property and confiscate and sell the debtor’s real and personal property at a public auction. The proceeds of the auction are used to pay off the judgment debt and related expenses, less any existing mortgage or charge.

The court or the registrar at the courthouse where the judgment was given, ordered, or lodged issues the warrant.

As a creditor, you can ask for a warrant without having to notify anyone else.

When to apply

If you find that the enforcement debtor has a legal or beneficial interest in things, goods, chattels, or real property that is likely to attract interest at a public auction, you can apply for this warrant.

Before requesting a warrant, you should hold an enforcement hearing to determine which of the debtor’s assets are appropriate for seizure.

The worth and condition of the debtor’s property, chattels, or real estate, as well as the interest they generate at the auction, will determine your success.

What the bailiff or enforcement officers can seize?

A bailiff or enforcement officer can seize only certain goods. For example, they can’t take tools of the trade (up to a certain value) or a car (up to a certain value) if the debtor needs them to make a living.

The bailiff can seize any items, goods, chattels or real property that |

  • the enforcement debtor has a legal or beneficial interest in
  • is specified in the enforcement warrant
  • is not exempt under the bankruptcy legislation.

Exempt property

Any property exempt from seizure and sale is listed in r. 6.03 of Bankruptcy Regulations 1966 (Cwth) and s. 116 of Bankruptcy Act 1966 (Cwth). Property that can’t be divided among the parties who have a claim to it is also exempt.

How to apply

Generally, you must apply for a seizure and sale warrant within six years of the date the judgment was made. After six years, but within another year, you must apply to the court before enforcement can occur.

File Form 75 – Enforcement warrant (seizure and sale) (DOC, 33.0 KB) (two copies: one for filing and one for the creditor) and Form 9 – Application (UCPR) (DOC, 45.5 KB) at the court registry.

Also, file Form 74 – Statement in support (UCPR) (DOC, 31.5 KB)—sworn no more than two business days before the date of filing—disclosing:

  • the date and amount of the money order
  • the date and amount of any payment made under the order
  • the costs incurred in previous enforcement proceedings
  • any interest due on the date the statement is sworn and daily amount accruing after
  • any other details necessary to calculate the amount payable under the order on the date the statement is sworn and show how the amount is calculated

Before taking action, the enforcement officer also needs a letter of instruction stating whether the warrant is to be executed and providing a contact person’s name and phone number.

  • If you’re requesting action, the court registry must have:
  • a security deposit (check with the court registry)
  • a clear copy of a current title search showing all encumbrances, including the date of the registration of warrant on the title deed
  • the debtor’s last known address
  • the full residential address of the property and the name and address of the owner/s (Queensland Valuation and Sales property search)
  • the payout figure from financial institution/s
  • (For real property) an independent valuation of the property conducted by a licensed valuer
  • Certified copies of the warrant may be ordered if required

Time frame

Enforcement warrants are usually processed within one week and can usually be enforced for up to one year.


There are no court filing fees, but execution and auction expenses will be incurred, including:

  • seizure expenses, e.g. tow truck, removalists
  • storage
  • advertising and auction expenses
  • the bailiff’s execution fees and expenses, e.g. phone, travel and time. Security covers any expenses incurred by the bailiff while executing the warrant

Remember you have to provide a security deposit to cover the enforcement officer’s expenses before the seizure. However, other expenses can be deducted from the auction proceeds. The registrar will receive the proceeds and pay:

  • the enforcement officer’s costs
  • advertising expenses
  • court fees
  • the amount owing to the creditor (or solicitor or agent)
  • any balance to the debtor.

Auctioning a motor vehicle

If you need this warrant to auction the debtor’s motor vehicle, you need a red book valuation and evidence that the vehicle is not encumbered. This is not court staff or enforcement officer responsibility.

Auctioning land

A copy of the warrant noted on the title deed is required if you need this warrant to auction the debtor’s land. This is not the responsibility of the court officials or law enforcement officers.

Request a copy of the warrant in writing, pay the appropriate fee, and have the warrant registered on the title.

Provide a current title search, property assessment, local government rate information, and mortgage payout information (if any).

Although there is no set rule for which bid the bailiff should accept at the auction, the bailiff can ask the registrar for guidance. A reserve price will be set before the auction, based on the property’s appraisal and market fluctuations. Before the auction, neither you nor any other bidder will be informed of the reserve price.


If you’re stuck with a non-paying debtor and you want to go to the next stage to seize his goods and recover your money, reach out to Shergroup. We are enforcement specialists and can help you transfer your judgment to the High Court and serve notice to your debtor on your behalf to make the payment. If you have the court’s permission to seize the goods and sell them at a public auction, then we can execute the process for you. All you need to do is instruct us and pay our upfront fee to get started. If you want to get on a call with us before you proceed to buy, call one of our business solutions advisors and they’d be happy to help you.

Contact us on
You can reach us |
By Phone | 020 3588 4240
Website | and you can chat to us from here
Email | [email protected]
Facebook | Check out Shergroup on this channel and message us
Twitter | Check out ShergroupChat on this channel and message us
LINKEDIN | Check out Shergroup’s LINKEDIN – and please FOLLOW us!
Instagram | Check out ShergroupChatter and follow us!

You Might Also Like

Content Writer​


The following disclaimer applies to Shergroup Limited and its platform, Please read this notice carefully before accessing or using any information provided on our platform.

  1. No Legal Advice | The information presented on, including but not limited to articles, blog posts, FAQs, and other resources, is provided for general informational purposes only. It is not intended to be, and should not be considered, legal advice. The information provided does not create a solicitor/client relationship between Shergroup Limited and the user.
  2. Not a Substitute for Legal Advice | The information on should not be relied upon as a substitute for obtaining legal advice from a qualified professional. The application of laws and regulations can vary based on specific circumstances, and legal advice tailored to your particular situation is crucial. Therefore, we may refer you to a member of our partner firm -Shergroup Legal – on legal matters or encourage you to take your own legal advice from your preferred advisor.
  3. No Guarantee of Accuracy | While we strive to provide accurate and up-to-date information, Shergroup Limited does not guarantee the accuracy, completeness, or reliability of any information on The legal landscape is constantly evolving, and laws may vary across jurisdictions. Therefore, any reliance you place on the information provided is at your own risk.
  4. No Liability | Shergroup Limited, including its officers, employees, agents, and affiliates, shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of or any information contained therein. This includes, but is not limited to, any errors or omissions in the content, or any actions taken or not taken based on the information provided.
  5. Third-Party Links | may contain links to third-party websites or resources. These links are provided solely for convenience and do not imply endorsement or responsibility for the content, accuracy, or legality of such websites or resources. Shergroup Limited shall not be liable for any damages or losses incurred as a result of accessing or using any third-party websites or resources.
  6. Changes to Disclaimer | Shergroup Limited reserves the right to modify or amend this disclaimer notice at any time without prior notice. Any changes will be effective immediately upon posting on It is your responsibility to review this notice periodically for updates.

By accessing or using, you acknowledge that you have read, understood, and agreed to this disclaimer notice. If you do not agree with any part of this notice, you should refrain from accessing or using

Last updated | 19 July 2023

Should you have any questions or concerns regarding this disclaimer notice, please contact us at [email protected]