Elements and Performance Criteria
- Complete preliminary requirements prior to execution of process.
- On receipt, warrants are endorsed with the time and date, and where multiple warrants are issued against the same judgement debtor/defendant, priorities for execution are determined in accordance with legislative requirements of the issuing jurisdictions.
- Details of process to be executed are entered into data system according to organisational policy and procedures.
- Warrants are checked prior to execution to confirm requirements, details of judgement debtor/defendant, accompanying documents and time and date of issue.
- Where possible, risk assessment and any assistance required to execute process, are determined in advance.
- Stays of action are dealt with in accordance with legislative requirements.
- Execute or attempt to execute process.
- Attempts are made to find location of judgement debtor/defendant in order to make a demand for payment according to organisational policy and procedures and legislative requirements.
- Location is attended as instructed by the court, and identification of the judgement debtor/defendant is made according to organisational policy and procedures.
- Statements are formatted to meet legal and organisational requirements.
- If the debt is not satisfied and property belonging to the judgement debtor/defendant is identified, it is seized according to organisational policy and procedures and legislative requirements.
- Safety of self and others is maintained and the need for assistance is determined and arranged according to organisational procedures.
- If claims of ownership of the seized property are made by persons other than the judgement debtor/defendant, this information is recorded and claimants are advised of the process to progress their claim.
- Value and types of seized property are assessed to comply with organisational policy and procedures and legislative requirements.
- Custodian and/or removal and storage, maintenance, and sale of seized property are arranged according to organisational policy and procedures and legislative requirements.
- Use notes to give evidence.
- If process is unable to be executed, relevant documentation is completed and follow-up action is determined according to organisational policy and procedures and legislative requirements.
- If seizures are effected, inventories and/or other required documents are completed, signed and provided according to organisational policy and procedures and legislative requirements.
- Monies seized or received in satisfaction of a writ are dealt with according to organisational policies and procedures and legislative requirements.
- Data system is updated and organisational records are completed according to organisational requirements and timeframes.