Part 46 – General Rules about Writs of Execution

Meaning of “writ of execution”

46.1

1. In these Rules a “writ of execution” means any of the following –
   1. an order for the sale of land (or, in Saint Lucia, a writ for the seizure and sale of immovable property);
   2. an order for the seizure and sale of goods a writ of fieri facias (or, in Saint Lucia, a writ for the seizure and sale of moveable property);
   3. an order for sequestration of assets;
   4. a writ of delivery, being either an order for –
      1. recovery of specified goods; or
      2. the recovery of goods or their assessed value; and
   5. a writ of possession.
      • Part 53 deals with enforcement by an order for sequestration of assets.

Permission required to enforce in certain cases

46.2

1. A writ of execution may not be issued without permission if –
   1. any party against whom a judgment or order was liable to enforced is no longer liable to have it enforced against it;
   2. any statutory provision requires the permission of the court to be obtained before judgment is enforced;
   3. 6 years have elapsed since the judgment was entered;
   4. the goods against which it is wished to enforce the judgment or order are in the hands of a receiver or confiscator appointed by the court;
   5. the judgment creditor is no longer entitled to enforce the order;
   6. the judgment debtor has died and the judgment creditor wishes to enforce against assets of the deceased person which have passed to that person’s personal representatives since the date of the order; or the judgment was made subject to conditions.

Application for permission to enforce

46.3

1. An application for permission may be made without notice unless the court otherwise directs but must be supported by evidence on affidavit.
2. On an application for leave the applicant must satisfy the court that it is entitled to proceed to enforce the judgment or order, and, in particular must satisfy the court –
   1. if the judgment is a money judgment – as to the amount –
      1. originally due; and
      2. due together with interest at the date of the application;
   2. if rule 46.2 applies – as to the reasons for the delay;
   3. if rule 46.2 (a) or (e) applies – as to the change that has taken place;
   4. if rule 46.2 (d) or (f) applies – that a demand to satisfy the judgment or order has been made on the person holding the assets and that that person has refused or failed to do so;
   5. that the applicant is entitled to enforce the judgment; and
   6. that the person against whom enforcement is sought is liable to satisfy the judgment.

Amount to be recovered on enforcement

46.4

1. A judgment creditor may recover on a writ of execution –
   1. fixed costs in accordance with rule 65.4;
   2. interest on a money judgment; and
   3. the balance of any money judgment.
2. The rate of interest payable on a judgment debt is the statutory rate of interest unless the court has directed that some other rate shall apply.
3. Unless the court otherwise orders, the amount for which a writ of execution may be issued may include the unpaid fixed costs and fees of any previous enforcement proceedings on the same judgment.

Enforcement of judgment or order requiring the judgment debtor to do two or more different things

46.5

1. If a judgment or order requires the judgment debtor to do two or more different things, the judgment creditor may obtain –
   1. a single writ of execution to enforce every part of the judgment or order; or
   2. separate writs of execution to enforce one or more parts of it.

 No writ of execution against Crown

46.6

1. A writ of execution may not be issued where the judgment debtor is the Crown.

 Enforcement of judgment for payment by instalments

46.7

1. This rule has effect where the court has made an order for payment by instalments of –
   1. a sum of money; or
   2. the value of goods assessed; after the court has made an order for the recovery of goods or their assessed value and the judgment debtor has failed to pay one or more instalments.
2. The judgment creditor may issue an order for the seizure and sale of the goods for the purpose of recovering the whole of the amount recoverable under the judgment and not merely the installment(s) in arrears.

No writ of execution for goods or payment of assessed value unless court has assessed value.

46.8

1. A judgment creditor may not issue a writ of delivery for the recovery of goods or payment of their assessed value unless that value has previously been assessed by the court or an order has been made under rule 46.9.

 Order for specific delivery

46.9

1. If the court makes an order for delivery of goods or payment of their assessed value, the judgment creditor may apply to the court for permission to issue an order for delivery of specified goods without the alternative of payment of the assessed value.
2. An application for permission must be served on the defendant whether or not that defendant has filed an acknowledgment of service.

Period for which writ of execution is valid

46.10

1. A writ of execution is valid for a period of 12 months beginning with the date of its issue.
2. After that period the judgment creditor may not take any step under the writ unless the court has renewed it.

Renewal of writ of execution

46.11

1. The judgment creditor may apply for the renewal of a writ of execution.
2. The general rule is that an application for renewal must be made within the period for which the writ is valid.
3. If the judgment creditor applies for renewal after the end of that period, the court may renew the writ only if it is satisfied that the judgment creditor has –
   1. taken all reasonable steps to execute the writ or some part of it; and
   2. been unable to do so.
4. An application for renewal may be made without notice but must be supported by evidence on affidavit.
5. The judgment creditor must state in the affidavit under paragraph (4) whether or not the judgment creditor is aware of any other judgment creditor and, if so, give such details of which the judgment creditor is aware as to the money due from the judgment debtor to each such judgment creditor.
6. On such an application the court must have regard to the interests of any other judgment creditor of whose existence it is aware.

Period for which court may renew writ of execution

46.12

1. On an application for renewal of a writ of execution the court may renew it for a period of not more than 6 months.

Effective date of renewed writ unchanged

46.13

1. The renewal of a writ of execution does not change its effective date.
2. The effective date is therefore still that of the writ as originally issued.
3. The priority of the renewed writ and of any other writ of execution must be determined accordingly.

Claims to goods seized under writ of execution

46.14

1. If –
   1. goods are seized under a writ of execution; and
   2. some person other than the judgment creditor or judgment debtor subsequently claims any of them; the validity of the writ of execution is extended until the end of 12 months from the conclusion of interpleader proceedings on that claim.
      • Part 54 deals with interpleader proceedings.

Suspension of writ of execution at request of judgment creditor

46.15

1. The judgment creditor may ask the sheriff to suspend execution.
2. If the judgment creditor does so, neither the judgment creditor nor the sheriff may take any further step under the writ of execution unless the court first renews it.

Return to writ of execution

46.16

1. A judgment creditor who has issued a writ of execution may serve a notice on the sheriff requiring the sheriff to make a return of the manner in which it has been executed.
2. If the sheriff fails to comply with the notice within 14 days the judgment creditor may apply to the court for an order directing the sheriff to comply.