| ENFORCEMENT OF JUDGMENTS AND ORDERS |
| Definitions of this Order (O. 22, r. 1) |
1. In this Order, unless the context otherwise requires —| “amount due to the enforcement applicant” includes interest and costs; |
| “Court order” includes any judgment or order for the payment of money (including costs), the delivery of movable property, the title to or possession of immovable property, the doing of or the restraint or cessation of any act or the declaration of any rights; |
| “enforcement applicant” means a party or any other person who applies for or has obtained an enforcement order because the party or person is entitled to enforce any Court order; |
| “enforcement costs” means the charges, commissions, expenses and fees incurred by or payable to the Sheriff in carrying out an enforcement order and the costs allowed under these Rules payable to, and all expenses incurred by, the enforcement applicant in applying for and carrying out an enforcement order; |
| “enforcement order” means an enforcement order mentioned in Rule 2; |
| “enforcement respondent” means a party against whom an enforcement order is sought or made; |
| “movable property” includes cash, debt, deposits of money, bonds, shares or other securities, membership in clubs or societies, and cryptocurrency or other digital currency; |
| “non‑party” means a person against whom an enforcement order for attachment of a debt is issued to attach a debt due from that person to the enforcement respondent; |
| “property” or “properties” means immovable property or movable property, of whatever description. |
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| Enforcement order (O. 22, r. 2) |
2.—(1) An enforcement applicant may apply for an enforcement order to enforce one or more Court orders, without affecting any other methods of enforcement that are available to the enforcement applicant under any written law.(2) Subject to any written law, an enforcement order authorises the Sheriff to do one or more of the following:| (a) | in respect of an enforcement order for seizure and sale of property, to seize and sell all property belonging to the enforcement respondent; | | (b) | in respect of an enforcement order for delivery or possession of property, to seize and deliver or give possession of property in the possession or control of the enforcement respondent; | | (c) | in respect of an enforcement order for attachment of a debt, to attach a debt which is due to the enforcement respondent from any non‑party, whether immediately or at some future date or at certain intervals in the future, including where the debt which is due to the enforcement respondent is represented by a deposit of money by the enforcement respondent in a non‑party that is a financial institution, whether or not the deposit has matured and despite any restriction as to the mode of withdrawal; | | (d) | to do anything specified in the Court order. |
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| (3) An enforcement applicant may apply to the Court by summons without notice for an enforcement order in Form 38 not earlier than 3 days after the Court order has been served on the enforcement respondent. |
(4) The affidavit supporting the application for an enforcement order must state —| (a) | the terms of the Court order; | | (b) | the enforcement respondent’s name and address; | | (c) | the date that the Court order was served on the enforcement respondent; | | (d) | the terms of the Court order which have not been complied with by the enforcement respondent and which are to be enforced; | | (e) | where more than 6 years have passed since the date of the Court order, the reasons for the delay in the application; | | (f) | where any change has occurred in the identity of the enforcement applicant or the enforcement respondent since the date of the Court order, the change that has occurred; | | (g) | if the Court order requires the enforcement respondent to pay money, the amount due to the enforcement applicant, the amount recovered from any security held by the enforcement applicant, the amount that has been paid by the enforcement respondent and the amount that remains owing; | | (h) | if interest is payable and continues to accumulate, the amount of interest owing to the enforcement applicant daily from the time of making the affidavit; | | (i) | if a specific property is to be seized, other than property already specified in the Court order, the description of the property and the evidence that the whole or a specified part of the property belongs to or is in the possession or control of the enforcement respondent; | | (j) | if the specific property is not in the possession or control of the enforcement respondent, the evidence that all persons in actual possession or control of the specific property have been notified about the application for an enforcement order; | | (k) | if a deposit of money or other debt due to the enforcement respondent from any non‑party is to be attached, the description of the deposit of money or debt and the evidence that the deposit belongs to or that the debt is due to the enforcement respondent, whether immediately or at some future date or at certain intervals in the future; | | (l) | whether the Sheriff is to enforce the various parts of the enforcement order in any particular sequence or whether all or some parts may be enforced simultaneously; and | | (m) | that the solicitors for the enforcement applicant (if the enforcement applicant is represented by solicitors) or the enforcement applicant (if the enforcement applicant is not represented by solicitors) undertake to —| (i) | indemnify the Sheriff against all claims, costs and expenses arising from complying with the enforcement order; | | (ii) | pay upon request all charges, commissions, expenses and fees incurred by or payable to the Sheriff in complying with the enforcement order; and | | (iii) | deposit the amount of money requested by the Sheriff before the Sheriff complies with the enforcement order and from time to time, |
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| and exhibit a written undertaking stating the matters in sub‑paragraph (m)(i), (ii) and (iii). |
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| (5) Subject to paragraph (8), an enforcement order is valid in the first instance for 12 months beginning with the date of issue. |
| (6) Where the enforcement costs and the amount due to the enforcement applicant have not been fully satisfied or the enforcement respondent has not complied with all the terms of the Court order, the Court may by order extend the validity of the enforcement order from time to time for a period of 12 months at any time beginning with the day on which the order is made, if an application for extension is made to the Court before the day on which the enforcement order would otherwise expire. |
| (7) The priority of an enforcement order, the validity of which has been extended under paragraph (6), is to be determined by reference to the date on which it was originally issued. |
(8) An enforcement order ceases to be valid —| (a) | after the enforcement applicant gives written notice to the Sheriff not to take further action on the enforcement order because the enforcement respondent has complied with all the terms of the Court order or for any other reason; or | | (b) | after an order of the Court for satisfaction to be recorded is made under Rule 3. |
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| Satisfaction by consent (O. 22, r. 3) |
3.—(1) Any person who has satisfied a judgment debt may on filing a consent of the judgment creditor in Form 39 apply to the Court for satisfaction to be recorded, and the Court may order satisfaction to be recorded accordingly.| (2) The consent of the judgment creditor must be attested by the judgment creditor’s solicitor or if the judgment creditor has no solicitor, by a commissioner for oaths. |
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| Discharge of non‑party (O. 22, r. 4) |
| 4. Any payment made by a non‑party in compliance with an enforcement order for attachment of debt under Rule 2(2)(c), and any execution of an enforcement order against that person pursuant to such an order, is a valid discharge of that person’s liability to the enforcement respondent to the extent of the amount paid or realised even if the proceedings for the enforcement order for attachment of debt are subsequently set aside or the judgment or order from which they arose reversed. |
| Money in Court (O. 22, r. 5) |
5.—(1) Where money is standing to the credit of the enforcement respondent in Court, the enforcement applicant is not entitled to an enforcement order for attachment of debt in respect of that money but may apply to the Court by summons for an order that the money or so much of the money as is sufficient to satisfy the judgment or order sought to be enforced and the costs of the application be paid to the enforcement applicant.| (2) On issuing a summons under this Rule, the applicant must produce the summons at the office of the Accountant‑General and leave a copy at that office, and the money to which the application relates must not be paid out of Court until after the determination of the application. |
| (3) If the application is dismissed, the applicant must give notice of that fact to the Accountant‑General. |
| (4) Unless the Court otherwise directs, the summons must be served on the enforcement respondent at least 14 days before the day named in the summons for the hearing of it. |
| (5) Subject to Order 33, Rule 25, the Court hearing an application under this Rule may make such order with respect to the money in Court as it thinks just. |
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| How enforcement order is carried out (O. 22, r. 6) |
6.—(1) The Sheriff must carry out the terms of the enforcement order in the sequence indicated (if any) in the enforcement order and at the time, place and in the manner determined by the Sheriff, and may exercise any powers under any written law relating to forced entry into premises.| (2) If no sequence of enforcement is indicated in the enforcement order, the Sheriff may carry out its terms in any order and sequentially or concurrently, in the Sheriff’s discretion. |
| (3) Upon the Sheriff’s request, the enforcement applicant or the enforcement applicant’s solicitor or other authorised representative must accompany the Sheriff when the Sheriff carries out the enforcement order. |
(4) An enforcement order is carried out by the Sheriff —| (a) | in respect of an enforcement order for delivery or possession of movable property — by taking physical possession of the movable property or affixing the Sheriff’s seal on the movable property; | | (b) | in respect of an enforcement order for seizure and sale of movable property —| (i) | by affixing the Sheriff’s seal on the movable property; and | | (ii) | by serving a notice of seizure on the person or entity having possession or control of the movable property or leaving a notice of seizure at the place where the movable property was seized; |
| | (c) | in respect of an enforcement order for the possession of immovable property — by posting a notice of seizure on some conspicuous part of the immovable property and entering and taking possession of the immovable property and, where applicable, by serving a notice of seizure on the persons who are present and in actual possession or control of the immovable property; | | (d) | in respect of an enforcement order for seizure and sale of immovable property — by serving a notice of seizure on the Singapore Land Authority in respect of title to the immovable property, and with the enforcement applicant —| (i) | separately registering the enforcement order under any written law relating to the immovable property within 14 days after service of the notice of seizure; and | | (ii) | giving notice in writing to the Sheriff that the enforcement order has been duly registered; |
| | (e) | in respect of an enforcement order for attachment of a debt due to the enforcement respondent from a non‑party that is a financial institution as represented by a deposit of money, whether or not the deposit has matured and despite any restriction as to the mode of withdrawal — by serving a notice of attachment on the financial institution in respect of the deposit in such institution; | | (f) | in respect of an enforcement order for attachment of a debt due to the enforcement respondent from any other non‑party — by serving a notice of attachment on the non‑party from which money is due to the enforcement respondent, whether the money is due immediately or at some future date or at certain intervals in the future; or | | (g) | in respect of an enforcement order for seizure and sale of bonds, shares or other securities or membership in a club or society — by serving a notice of seizure on the person or entity which registers the ownership in respect of the bonds, shares or other securities, or which registers the membership in the club or society. |
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| (5) The notice of seizure or attachment must be in Form 40 and may be prepared by the Sheriff. |
| (6) When a seizure or attachment has been effected under paragraph (4), a copy of the notice of seizure or attachment must be served on the enforcement respondent within 7 days after effecting the seizure or attachment, unless the Court otherwise directs in the enforcement order. |
| (7) In addition to the methods of service set out in Order 7, Rules 2 and 3, the copy of the notice of seizure or attachment may be served on the enforcement respondent by leaving it at, or sending it by post to, the address of the place from which the property was seized. |
| (8) A non‑party who is served with a notice of attachment is entitled to claim costs of $100 from the Sheriff but only if the claim is made within 14 days after service, and the non‑party may deduct that amount from the debt owing from the non‑party to the enforcement respondent which is attached under the notice of attachment prior to handing or paying over the sums mentioned in paragraph (10). |
(9) A non‑party who is served with a notice of attachment —| (a) | must, within 14 days after service of the notice of attachment, inform the Sheriff of the amount owing by the non‑party to the enforcement respondent that is available to be attached; and | | (b) | must not deal with the attached amount —| (i) | if a notice of objection is filed under Rule 10 — until after the notice of objection has been determined in the manner set out in that Rule; or | | (ii) | in any other case — until after 21 days have passed after the date of service of the notice of attachment. |
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(10) If no notice of objection is filed under Rule 10, the non‑party must hand or pay over —| (a) | to the enforcement applicant the money due to the enforcement respondent; and | | (b) | to the Sheriff the commission due to the Sheriff, |
| within 7 days after the expiry of the time mentioned in paragraph (9)(b)(ii). |
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| (11) The Sheriff may engage, or direct the enforcement applicant to engage, the services of auxiliary police officers, security agencies, providers of transport and of warehousing, valuers, estate agents, brokers, solicitors and other appropriate persons to assist the Sheriff in all matters relating to the enforcement order or a seizure, attachment or sale under any Court order. |
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| Sale and valuation of seized property (O. 22, r. 7) |
7.—(1) The Sheriff may take steps to sell seized movable property after 14 days after a copy of the notice of seizure has been served on the enforcement respondent under Rule 6, unless the movable property is perishable, in which case the Sheriff may take steps to sell the property earlier.| (2) The Sheriff may take steps to sell seized immovable property after 30 days after the notice of seizure has been served on the enforcement respondent under Rule 6. |
| (3) The Sheriff must decide the conditions of sale. |
| (4) Where the value of the seized property is estimated by the Sheriff to be $20,000 or less, the sale may be conducted by the Sheriff and may be by private treaty or by public auction. |
| (5) Where the value of the seized property is estimated by the Sheriff to be more than $20,000, the sale must be conducted by an auctioneer and by public auction. |
(6) Notice of sale of seized property stating the day, time and place of sale must —| (a) | be given on the Sheriff’s Internet website as specified in the practice directions; or | | (b) | be posted at the place of intended sale, |
| at least 14 days before the date of sale. |
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| (7) All sales of immovable property must be conducted by an auctioneer and by public auction. |
| (8) Notice of sale of immovable property stating day, time and place of sale must be advertised by the auctioneer at least once in a printed local newspaper and at least 14 days before the date of auction. |
| (9) Where documents have to be signed by the enforcement respondent in order to give legal effect to any sale, the Sheriff may sign such documents in place of the enforcement respondent and the documents have the same legal effect as if they had been signed by the enforcement respondent. |
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| Delivery and giving of possession (O. 22, r. 8) |
8.—(1) Where the enforcement order directs the Sheriff to seize and deliver or give possession of properties to the enforcement applicant, the Sheriff must deliver and give possession as soon as is practicable after seizure.| (2) The enforcement applicant or the enforcement applicant’s representative must sign such acknowledgment of delivery or possession as the Sheriff requires. |
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| Sheriff’s statement of accounts and commission (O. 22, r. 9) |
9.—(1) The Sheriff must keep proper records of all the seized properties and attached debts and of all amounts of money received or expended by the Sheriff in carrying out an enforcement order.(2) The Sheriff is entitled to a commission of 2% of —| (a) | the gross amount of deposits, money or debt attached; | | (b) | the gross proceeds of sale of properties ordered to be sold; and | | (c) | the gross proceeds of sale of the seized properties, |
| subject to a minimum amount of $100 and a maximum amount of $50,000. |
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| (3) If property is seized or ordered to be sold but not sold for any reason, the Sheriff is entitled to a commission of 2% of the estimated value of the seized property or the amount stated in the enforcement order to be due to the enforcement applicant (whichever is less), subject to a minimum amount of $100 and a maximum amount of $50,000. |
(4) Subject to any written law, the Sheriff must prepare a statement of accounts showing —| (a) | the gross proceeds of sale of the seized properties; | | (b) | the enforcement costs; | | (c) | the amount of money claimed by a landlord, not exceeding 6 months’ rent, under section 20 of the Distress Act; | | (d) | the amount of money available to pay the enforcement applicant; | | (e) | where there are more than one enforcement order against the same enforcement respondent, the amount of money claimed in each enforcement order, in the order of the priority according to the dates of issue of the enforcement orders; and | | (f) | after using the proceeds of sale in sub‑paragraph (a) to pay for the items in sub‑paragraphs (b) to (e), the amount of money available to return to the enforcement respondent. |
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| (5) The priority of payments is in the order set out in paragraph (4). |
| (6) If the proceeds of sale are not sufficient to pay the enforcement costs, the enforcement applicant must pay the amount of the shortfall to the Sheriff. |
| (7) The enforcement applicant who pays the amount of the shortfall in paragraph (6) is entitled to add that amount to the amount due to the enforcement applicant as part of the enforcement costs. |
| (8) This Rule also applies to an execution of or sale of property under any Court order other than an enforcement order made under Rule 2. |
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| Claims and objections to seizure or attachment (O. 22, r. 10) |
10.—(1) Where the enforcement respondent or any other person objects (each called in this Rule the objector) to any seizure of property or attachment of a debt by the Sheriff, the objector must within 14 days after the service of the notice of seizure or attachment —| (a) | give notice of such objection to the Sheriff by filing a notice of objection; and | | (b) | serve a copy of the notice of objection on the enforcement applicant, the enforcement respondent (if not the objector) and any non‑party served with the notice of attachment (if not the objector). |
| (2) The notice of objection must identify the objector, specify the property or debt in dispute, state the grounds of objection and include any evidence supporting the grounds of objection. |
| (3) If the enforcement applicant accepts the grounds of objection, the enforcement applicant must give notice in writing to the Sheriff and the objector within 14 days after the service of the notice of objection that the enforcement applicant consents to the release from seizure of the specified property or the release from attachment of the specified debt, and the Sheriff must release the specified property or debt accordingly. |
| (4) If the enforcement applicant, within 14 days after the service of the notice of objection, fails to consent to the release or gives notice of dispute, the Sheriff may direct the objector to apply to the Court for an order to release the specified property or debt. |
(5) Where the Sheriff directs the objector to apply to the Court under paragraph (4), the objector must —| (a) | apply by summons in the action supported by affidavit within 7 days after the direction, failing which the objection is deemed to have been withdrawn; | | (b) | serve the summons and supporting affidavit on the enforcement applicant, the enforcement respondent (if not the objector), and any non‑party served with the notice of attachment (if not the objector), within 7 days after making the application; and | | (c) | give notice in writing to the Sheriff of the case and application number of the summons filed, within 7 days after making the application. |
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| (6) The Sheriff may provide to the enforcement applicant, the enforcement respondent or any other person upon request such information relating to the seizure or attachment as is appropriate. |
| (7) The Sheriff must not sell any property that is in dispute. |
| (8) The Sheriff may seek the Court’s directions by letter at any time. |
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| Examination of enforcement respondent (O. 22, r. 11) |
11.—(1) The enforcement applicant may apply for the enforcement respondent to be examined orally in court or to make an affidavit or both on the properties which are owned by the enforcement respondent beneficially whether in whole or in part or which the enforcement respondent will be entitled to in the future.| (2) The Court may also order the enforcement respondent to produce such documents as are appropriate. |
| (3) Where the enforcement respondent is an entity, the order must state the appointment of the officer or officers of the entity who are to be examined. |
| (4) An application under this Rule is deemed to be enforcement of a Court order and is within the terms of any written law or any order staying enforcement of that Court order. |
| (5) An order under this Rule must be in Form 41 and must be served personally on the enforcement respondent and, where the enforcement respondent is an entity, on any officer of the entity ordered to attend for examination. |
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| Instalment payments (O. 22, r. 12) |
| 12. Where a Court order made under section 43 of the State Courts Act or under any other written law provides for payment by instalments, the enforcement applicant may apply for an enforcement order in respect of an instalment that is due and unpaid or, if there are several instalments due and unpaid, in respect of those instalments. |
| Application for stay of enforcement (O. 22, r. 13) |
13.—(1) The party who is liable under any Court order may apply for stay of enforcement or stay of any enforcement order or any part of the order if there is a special case making it inappropriate to enforce the Court order immediately.| (2) The Court may order a stay of enforcement or stay of an enforcement order, for a specified period or until the occurrence of a specified event. |
| (3) Where the Sheriff has seized properties or attached a debt under the enforcement order before the Court orders a stay, the order may give directions to the Sheriff to withdraw the seizure or attachment or to maintain the seizure or attachment without taking further action on the enforcement order. |
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