Value of the Motor Vehicle:
The Motor Vehicle nominated for seizure must be of a value in excess of $5000.00 in accordance with the Bankruptcy Act. A signed declaration from the Plaintiff is required stating that; “The vehicle listed for seizure under the Warrant is of a value in excess of $5000.00” and the declaration is to be lodged with the Warrant.
For a Guide on Value of vehicles visit: www.redbook.com.au
Search of registered owner of the motor vehicle:
A Queensland Department of Transport search is required showing that the nominated Vehicle is registered in the name of the Judgment Debtor and giving a full description of the vehicle. If the vehicle is jointly registered with the Debtor and another Party or not registered in the name of the Debtor at all, the vehicle CANNOT be seized under a Warrant of Seizure and Sale.
For advice on conducting a Department of Transport search on a vehicle to be seized,
Contact Queensland Department of Transport on 132380
Encumbrance search of the motor vehicle to be seized:
It is a requirement that a Register of Encumbered Vehicles Search (REVS) is conducted on the nominated vehicle and a Certificate showing that the vehicle is not encumbered MUST BE provided and lodged with the Warrant.
Information on REVS can be obtained from the Office of Fair Trading on 1300658030 or visit www.fairtrading.qld.gov.au
Security Deposit:
To effect seizure of a motor vehicle under a Warrant of Enforcement Seizure and Sale it is a requirement that a Security Deposit of $1800.00 is lodged with the Warrant, made payable to “Bailiffs Office”.
The security deposit covers various costs including (but not limited to): Towing, Storage, Advertising and Auction expenses after the seizure of the vehicle. The lodged Security Deposit (or balance thereof) is refundable when the vehicle is sold and all costs and outlays are satisfied and all other monies realized from the Auction of the vehicle will be applied to satisfying the warrant.
PLEASE NOTE
• All costs of searches are recoverable as part of the Judgment debt and are claimable on the sale of the vehicle
• All costs and outlays incurred AFTER the issue of the Warrant of Enforcement should be provided to the Bailiff at least three (3) days prior to the Auction date of the vehicle.
• The Security Deposit is refundable to the Plaintiff after the Auction of the Vehicle once all costs, fees and outlays of the Auction have been satisfied
If any of the above requirements are NOT provided to the Bailiff at the time he is in receipt of the Warrant, the seizure of the Vehicle CANNOT be undertaken.
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