5. If the property to sell is land
Within 6 years
To get the court to force the debtor to sell land to pay you back, you will need them to issue a Writ of Seizure and Sale of Land. The Writ must be issued within 6 years of when your judgment in Small Claims Court was issued.
Complete the documents
To begin the process, complete:
The Affidavit for Enforcement Request should include:
- the name and address of the debtor
- the details of the court order you’re enforcing
- the county or district where the debtor owns land
- the amount you’re owed by the debtor
The Writ of Seizure and Sale of Land says what land will be seized and sold.
File documents at court
File the Affidavit for Enforcement Request and the Writ of Seizure and Sale of Land at the court where you received your judgment. The court staff will issue the Writ, and return the original to you. You must pay a fee to for this.
File the Writ at the enforcement office
After the Writ is issued, you must file it at an enforcement office. Enforcement offices are also called sheriff’s offices. They can help you enforce your judgment from Small Claims Court.
File the Writ at the enforcement office in the county or district where you’re trying to seize the debtor’s land. If you’re enforcing your judgment in several counties or districts, you must file the Writ in each one.
You must pay a fee and deposit to cover the costs of enforcing the Writ.
Once the land is sold, the money is paid to the court. The court will then pay you the money the debtor owes you.