Seizure Order Application by diz19964

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									                       WESTERN AUSTRALIA
                                                                                                                  COURT
              Civil Judgments Enforcement Act 2004
                         Part 3 Division 1                                 LOCATION:

       FORM 6 – APPLICATION OR REQUEST TO A COURT
                                                                           Court ref number:


                                   Name:
Judgment creditor or applicant


                                   Name:
Judgment debtor or obligated
person

To: The Registrar
The judgment creditor makes application for the following:
Tick [] appropriate box and add information in the numbered boxes as required.

                            Means Inquiry (complete following sections 1, 2, 8 and 9 below)
                            Property (Seizure and Sale) Order (complete following sections 1, 4, 8 and 9)
                            Property (Seizure and Delivery) Order (complete following sections 1 and 5)
                            Debt Appropriation Order (complete following sections 1, 6, 8 and 9)
 Type of application
  or request being           Default Inquiry (complete following sections 1, 7, 8 and 9)
        made                 Order after a Means Inquiry (complete following sections 1, 3, 8 and 9)
                             Warrant for Arrest (complete following sections 1, 8 and 9)
                             Warrant for Arrest and Imprisonment on Default on Suspended Imprisonment Order
                            (complete following sections 1, 8 and 9)
                            *Re-list/*Re-issue *Means /*Default Inquiry Summons          Re-issue Enforcement Order

                            Judgment debtor
                            Officer of a corporation/partnership
                            Former officer of a corporation/partnership
      Section 1
                            Other person
  Person subject to
                        Name of person: ………………………………………………………………………………………….
   this application
                        Address: ……………………………………………………………………………………………………


                           To attend and give verbal evidence
      Section 2
                           To attend and produce to the court for use in the inquiry the following record or thing: ……….
    Means inquiry
                        …………………………………………………………………………………………………………………
        s 27


                         The judgment creditor applies for the following order:
      Section 3
                            Time for Payment Order;
                            Instalment Order; or
  Application for an
                            Earnings Appropriation Order, as a consequence of the instalment order made on
 enforcement order
    after a means
                                  .../… /20.., being disobeyed and cancelled by the court on ... / ... / 20…
 inquiry ss 32,33,35



      Section 4             Personal property located or may be found at:……………………………………………………
                            Real property, the land sought to be affected by the Property (Seizure and Sale) Order is all
  Property (seizure     that piece of land being:
   and sale) order
        s 59             on Certificate of Title volume ……………Folio ………………. standing in the register book in the
                        name/s of ……………………………………………………………………………………(occupation).
                        As to the interest of ………………………………………………………………………………………..
                        the land is situated at ……………………………………………………………………………………..



                                                                                                                      PTO
                          Property ordered to be seized and delivered:
      Section 5
                             The respondent has failed to deliver the above property as ordered.
                         Additional description of improvements to real property:
  Property (seizure
 and delivery) order
                         Additional description of personal property:
        s 95


                          Name of third person
      Section 6
                          Address
 Debt appropriation
                          Details of available debt:
       order
        s 49
                              The affidavit in support is attached

                          Details of default:
                             The judgment debtor has disobeyed the Time for Payment Order made on the
      Section 7                               day of                          20
                             The judgment debtor has on two (2) or more occasions not paid an instalment in respect of
    Default inquiry          an instalment order made on the                    day of                              20
         s 88                To attend and give oral evidence
                             To attend and produce to the court for use in the inquiry the following record or thing:


                              Interest payable at             % pa, on $                  being a daily rate of $
      Section 8
                              from         /        /20           until final payment.
                              (If any payments have been made since the date of judgment, a schedule of payments
      Interest on
                              and interest calculated on reducing balance must be attached.)
     judgements
                              I do not wish to claim part of the interest (give details).
          s8
                              I do not wish to claim any interest (waived claim).

                         Judgment sum                                                              $
      Section 9          Less paid/credit amount                                                   $
                         Balance of judgment sum                                                   $
    Amount owed          Add interest                                                              $
                         Previous enforcement costs                                                $
                         Sub total                                                                 $
                         Application fee                                                           $
                         Sheriff’s fees/claimant service fees                                      $
      Section 10
                         Travelling fee                                                            $
                         Poundage for Property (Seizure and Delivery) Order                        $
 Enforcement costs
                         Lawyer’s costs                                                            $
                         Total judgment debt                                                       $


 I certify that where previous enforcement costs have been claimed, they have been properly incurred. No other order is
 in effect.
 Signature of applicant/or lawyer:                                        Date:
                                                           :
 Address for service          Residential or principal place of business or registered office address:
                             ……………………………………………………………...………….…………………………………

                             …………………………...………….……………………………………………………………...……

                             …….……………………………………………………………...………….…………………………
 Contact details             Telephone:  Lawyer’s ref: Fax:      E mail


 OFFICE USE ONLY             Hearing date:
 Date filed:
 Time:                       Day:                 Date:                            20       Time:           am/pm
 am/pm


Form 6 Version 3 December 2007

								
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