SMALL CLAIMS TRIBUNAL

What work does the Small Claims Tribunal do?

The Small Claims Tribunal deals quickly, informally and inexpensively with claims not exceeding $50,000. Although the Tribunal is a court, the rules and procedures are less strict than in most other courts, and no legal representation is allowed.

Before you start a claim

Before you start a claim, think whether the Defendant has enough assets to pay you if you succeed. EVEN IF YOU WIN A CASE, NO ONE CAN GUARANTEE THAT AN ATTEMPT FOR EXECUTION WILL BE SUCCESSFUL THE APPLICANT FOR EXECUTION HAS TO PAY DEPOSIT AND EXPENSES IN ADVANCE WHEN AN APPLICATION IS FILED, APPLICANTS SHOULD CAREFULLY CONSIDER THEIR OWN POSITION BEFORE SUBMITTING AN APPLICATION FOR A WRIT OF FI FA. YOU SHOULD READ THE SECTION ON “HOW TO ENFORCE A JUDGMENT” BEFORE DECIDING WHETHER TO START A CLAIM. Remember that as the person starting the claim, you, not the Defendant, have to prove the case. Before filing the claim, write to the Defendant, stating the sum involved and what it is for. You may also wish to state that you are thinking of bringing your claim to the Small Claims Tribunal.

What is a "small claim"?

A "small claim" is a claim for money involving $50,000 or less. The main types of claims handled by the Small Claims Tribunal are:

• debts
• service charges
• damage to property
• goods sold
• consumer claims

The Small Claims Tribunal does not handle claims for:

• wages
• possession of land
• alimony
• libel and slander

If your claim exceeds $50,000, you are not allowed to subdivide it to bring it within the Tribunal's jurisdiction; however, you can abandon that part of your claim above $50,000 in order to bring a claim in the Tribunal. Tribunal Registry staff can provide general information on procedures and formalities to assist you in filing your claim. They cannot offer legal advice or fill in forms for you.

How does a Claimant start a claim?

The procedure is quite simple. First, obtain Forms 1 and 2 from the Tribunal Registry and fill in Form 1 and Form 2 in either English or Chinese.

In Form 1 (Title to Claim), fill in:

• the full name(s) and address(es) of the person(s), firm or company making the claim (* the Claimant(s)); (The address should be a Hong Kong address. No P.O. Box address is accepted.)
• the full name(s) and address(es) of the person(s), firm or company you are claiming against (* the Defendant(s)). (The address should be a Hong Kong address. No P.O. Box address is accepted.)

When the Defendant is a limited company, provide the address of its "registered office". You can obtain this at the Companies Registry, 13/F, Queensway Government Offices, 66 Queensway, Hong Kong. (Tel No. 2867 2571 and 2867 2584; website at www.cr.gov.hk)

When the Defendant is a sole proprietorship or a partnership, write down its "principal place of business and / or the residential address of the proprietor or partners". You can obtain this at the Business Registration Office of the Inland Revenue Department, Revenue Tower, 4/F, 5 Gloucester Road, Hong Kong. (Tel No. 1878088; website at www.ird.gov.hk)

When the Defendant is a limited company trading in a 'trade name', obtain both 'Notice of Situation of Registered Office' to fill in its registered office, and obtain 'Business Registration Application' to verify its trade name.

In Form 2 (Form of Claim)

• state the amount of your claim in Hong Kong Dollars
• the reason of your claim
• how the amount is calculated
• use a separate sheet of paper if necessary

The Claimant should sign Form 2 personally. A partner should sign if the claim is made by a partnership. A director, company secretary or other authorised officer should sign if the claim is made by a limited company. The filing of a claim has to be made by attending in person at the Registry of the Small Claims Tribunal. You may consider appointing of a representative to file the claim on your behalf.

You can complete all forms in Chinese or English. Sample completed forms are displayed at the Tribunal Registry. Tribunal Registry staff are ready to answer your questions, but please do not ask them to fill in the forms for you.

Please note that if amendment is required after filing, written application for amendment is required. When the application is approved by the Adjudicator, the Claimant needs to come to the Tribunal Registry again to make the amendment and paid the prescribed fee. To save time and costs, the Claimant should make sure the information provided is correct at the time of filing.

How much does it cost to file a claim?

The filing fee depends on how much you are claiming. You will also have to pay bailiff expenses for serving the claim forms to the Defendant. The Registrar of the Tribunal may reduce or defer payment of fees in special circumstances.

If you win your case, you may ask for costs against the Defendant in respect of reasonable expenses arising from making the claim. Remember if you lose, the Defendant may ask for costs against you as well. The award of costs and the amount is at the Adjudicator's discretion.

Small Claims Tribunal - Level of Fees

What happens after I file my claim?

Tribunal Registry staff will give you, as Claimant, a Form 3 (Notice of Place and Day fixed for Hearing) showing :

• the place, time and date of the first hearing
• the Court room No. and address
• the name of the Adjudicator

The Court Bailiff will send copies of Forms 1, 2 and 3 to each Defendant by ordinary post.

What happens if the Tribunal cannot serve my claim on the Defendant?

If your claim cannot be served on the Defendant, you will be asked in the first hearing to provide the Defendant's correct address, and if necessary verify it. If your claim still cannot be served, the Tribunal may allow other means of serving it. If in the end your claim still cannot be served, then the Tribunal cannot deal with your claim.

How does a Claimant discontinue a claim?

The Claimant can fill up a "Notice of Discontinuance of Claim", obtained from the Registry. You have to file a copy with the Registry and serve a copy on the Defendant. Leave of the Tribunal to discontinue is not required if it is filed before the first hearing date. On or after the first hearing, leave of the Tribunal is required to discontinue the claim.

The Defendant's preparation work after receipt of claim

What happens after the claim has been served?

The Defendant will either:

• agree to pay whole/part of the amount claimed
• agree to pay but ask for time to pay or payment by instalments;
• disagree with whole/part of the claim;
• disagree with the claim and file a counterclaim, or
• ignore the claim.

What happens if the Defendant agrees to pay the claim in full / by instalments?

Before a Statement of Defence is filed, a Defendant may without leave pay into court a sum equal to the claimed amount together with the Claimant's filing fee (i.e. where the claim does not exceed $3,000 at $20.00; where the claim exceeds $3,000 but does not exceed $17,000 at $40.00; where the claim exceeds $17,000 but does not exceed $33,000 at $70.00; where the claim exceeds $33,000 but does not exceed $50,000 at $120.00 AND Bailiff costs at $10.00 per each Defendant’s address.) as costs. In all other circumstances, leave of the Adjudicator will be required before payment into court is allowed.

If the Defendant agrees to pay the claim in full, cheque payments can be made by post to this Tribunal at least 5 working days before the call-over date. Cheques should be crossed and made payable to "HKSAR GOVT". Please write down the claim number, the name of the Defendant and the contact phone number at the back of the cheque. Please do not issue post-dated cheque. Payment can also be made in person or a designated third party at the Accounts Office of this Tribunal. For enquires, please contact our Accounts Office at 2582 5309.

Upon payment into the court, the Registrar of the Small Claims Tribunal ("the Registrar") may remove the case from the call-over list or court list as the case may be and inform the other party by telephone, fax or mail. The Registrar shall arrange payment out of the sum paid into court to the other party.

The Registrar may elect not to remove the case concerned from the call-over/court list if doing so may result in possible unfairness to the other party.

After a Statement of Defence is filed, before a Defendant can make payment into court, the Defendant must apply in writing by filling out an application form, specifying the amount of the proposed payment in and whether it is in full or partial satisfaction of the claim. The Defendant must also state whether costs, if any, is included in the proposed payment. A hearing date should be arranged and a copy of the Defendant's application should be forwarded to the Claimant with the notice of hearing. A consent form should also be delivered to the Claimant. If the Claimant wishes to accept the Defendant's payment into court as full and final settlement of his/her claim, the Claimant can sign the form, return it to the Tribunal and he does not have to attend the scheduled hearing.

At any time, the Adjudicator may make such order as he/she deems fit.

What happens if the Defendant agrees to pay but asks for time to pay or asks to pay by instalments?

The Defendant will have to apply to the Court on the first hearing date for time to pay or for payment by instalment. Defendant shall provide all evidence to support his application, e.g. financial problem.

What happens if the Defendant disagrees with the claim?

If the Defendant disagrees with the claim, he or she should file a defence and a counterclaim, if appropriate, against the Claimant. Any defence or counterclaim should be filed with the Tribunal Registry at least 2 working days before the date of the first hearing (please mark 'defence' on the envelope'). The Defendant should also send the Claimant a copy of the defence or counterclaim, if any.

How does a Defendant discontinue a counter-claim?

The Defendant can fill up a "Notice of Discontinuance of Counter-claim", you can obtain the form from the Registry. You have to file a copy with the Registry, and served a copy on the Claimant. Leave of the Tribunal to discontinue is not required if it is filed before the first hearing date. On or after the first hearing, leave of the Tribunal is required to discontinue the counter-claim.

What happens if the Defendant ignores the claim?

If the Defendant ignores the claim and does not appear at the first hearing, the Claimant can apply for judgment against the Defendant provided he can satisfy the Tribunal of the claim and further that the notice of hearing had been served on the Defendant.

What happens at the first hearing?

Claims inappropriately commenced in the Small Claims Tribunal may be transferred to the Minor Employment Claims Adjudication Board, the Labour Tribunal, the Lands Tribunal, the District Court, or the Court of First Instance of the High Court either at the first hearing or at any subsequent stage of the proceedings.

If, during the first hearing, the Defendant lodges a counterclaim which exceeds or which does not fall within the jurisdiction of the Small Claims Tribunal, the whole case, i.e. claim and/or counterclaim, will be transferred to the appropriate court or tribunal.

Who should attend the first hearing?

Both Claimant and Defendant should attend the first hearing. If the party is a corporation, an officer of the corporation properly authorised by a letter signed by the director or company secretary may attend. If the party is a partnership, a partner should attend.

A representative of the party (but not counsel or a solicitor) may attend provided that:

• the representative can produce a letter of authorisation signed by the party,
• permission is obtained from the Tribunal, and
• the representative is fully familiar with the case.

Application for adjournment

Unless with good justified reasons (business reasons or holidays are usually not accepted as good reasons), the Tribunal may refuse the application. Applicant should approach the other party and ascertain the consent. Please bear in mind that arising out of the application for adjournment, it is possible for the Adjudicator to award costs to the other party. There is no standard format for making an application to adjourn the case. Applicant may send in a letter, specifying the claim number, the court number, the hearing date, the contact phone number as well as the reasons in support of the application. It is desirable that the application is supported by documentary proof such as the consent letter of the other party. Application would be submitted for case Adjudicator's direction. Applicant would be notified of the outcome as soon as possible.

As Claimant, how should I prepare for the first hearing?

If neither you nor your representative appear in person at the time fixed for the first hearing, your claim may be dismissed. You should make arrangements to set aside at least half a day or more for attending the first hearing.

If you appoint a representative, ENSURE he or she is FAMILIAR WITH THE FACTS OF THE CASE.

You or your representative should bring along AT LEAST the following documents (as applicable) to the first hearing:

If you are appearing as a representative, a proper letter of authorization. (Any representative you appoint to attend the hearing should present a letter of authorisation signed by you. In the case of a limited company, this letter should be signed by a director or the Company Secretary and have the company chop affixed. The representative should bring along a copy of the latest Annual Return of the company. In the case of a sole proprietorship or partnership, the letter of authorisation should be signed by the sole proprietor or a partner, have the company chop affixed and be supported by a copy of the Application for Registration of Business.)

If you are a limited company, a copy of the updated Annual Return (Obtainable on application at the Companies Registry, 13/F Queensway Government Offices, 66 Queensway, Hong Kong).

If you are a firm, a copy of the Application for Registration of Business (Obtainable on application at the Business Registration Office of the Inland Revenue Department, Revenue Tower, 4/F, 5 Gloucester Road, Hong Kong).

If the Defendant is a limited company, a copy of the Defendant's Notice of Situation of Registered Office (Obtainable on application at the Companies Registry, 13/F Queensway Government Offices, 66 Queensway, Hong Kong).

If the Defendant is a firm, a copy of the Defendant's Application for Registration of Business (Obtainable on application at the Business Registration Office of the Inland Revenue Department, Revenue Tower, 4/F, 5 Gloucester Road, Hong Kong).

If the Defendant is a limited company trading in a 'trading name', obtain both 'Notice of Situation of Registered Office' (Obtainable on application at the Companies Registry, 13/F Queensway Government Offices, 66 Queensway, Hong Kong) and 'Business Registration Application' (Obtainable on application at the Business Registration Office of the Inland Revenue Department, Revenue Tower, 4/F, 5 Gloucester Road, Hong Kong).

ALL ORIGINAL DOCUMENTS which support your claim and two sets of photocopies.

As Defendant, how should I prepare for the first hearing?

If neither you nor your representative appear in person at the time fixed for the first hearing, the Claimant may apply for judgment.

You should make arrangements to set aside at least half a day or more for attending the first hearing. If you appoint a representative, ENSURE he or she is FAMILIAR WITH THE FACTS OF THE CASE.

You or your representative should bring along AT LEAST the following documents (as applicable) to the first hearing:

If you are appearing as a representative, a proper letter of authorization. (Any representative you appoint to attend the hearing should present a letter of authorisation signed by you. In the case of a limited company, this letter should be signed by a director or the Company Secretary and have the company chop affixed. The representative should bring along a copy of the latest Annual Return of the company. In the case of a sole proprietorship or partnership, the letter of authorisation should be signed by the sole proprietor or a partner, have the company chop affixed and be supported by a copy of the Application for Registration of Business.)

If you are a limited company, a copy of the updated Annual Return (Obtainable on application at the Companies Registry, 13/F Queensway Government Offices, 66 Queensway, Hong Kong).

If you are a firm, a copy of the Application for Registration of Business (Obtainable on application at the Business Registration Office of the Inland Revenue Department, Revenue Tower, 4/F, 5 Gloucester Road, Hong Kong).

If you are a limited company trading in a 'trading name', obtain both 'Notice of Situation of Registered Office' (Obtainable on application at the Companies Registry, 13/F Queensway Government Offices, 66 Queensway, Hong Kong) and 'Business Registration Application' (Obtainable on application at the Business Registration Office of the Inland Revenue Department, Revenue Tower, 4/F, 5 Gloucester Road, Hong Kong).

ALL ORIGINAL DOCUMENTS which support your defence and two sets of photocopies.

If you are not sure what to do when you receive the claim, you should enquire at the Tribunal Registry. Tribunal Registry staff will be pleased to assist you but CANNOT OFFER LEGAL ADVICE.

Procedures at The First Hearing

Interview by the Tribunal Officer

Please report to the Tribunal Officer inside the courtroom specified in the Notice of Place and Day fixed for Hearing. The Tribunal Officer will interview you to deal with preliminaries, which may include:

• classifying a case as defended or undefended;
• helping to bring about a settlement (on a voluntary basis), and;
• identifying the main issues in dispute if a settlement is not reached.

REMEMBER that the TRIBUNAL OFFICER CANNOT GIVE YOU LEGAL ADVICE. You may request a hearing before an Adjudicator if this is warranted.

Mediation

It is the duty of both the Adjudicator and the Tribunal Officer to attempt to mediate the dispute. If both parties agree to settle, the Tribunal Officer will submit the settlement to the Adjudicator for a consent order. The consent order will be sent to both parties by mail.

Hearing before an Adjudicator

If the Claimant does not appear at the first hearing, the claim may be dismissed.

If the Defendant fails to appear at the first hearing, and it appears that the claim forms and notice of hearing have been properly served on the Defendant, the Tribunal may proceed with proof of the claim against the Defendant. If there is sufficient evidence to the satisfaction of the Tribunal default judgment may be entered against the Defendant.

Adjournment "for mention"

In case the Defendant fails to appear

If it appears that the Defendant has not been served with the claim forms and notice of hearing, the Tribunal may adjourn the hearing and give directions to serve the claim forms and notice of hearing on the Defendant in another manner.

If it appears that the Defendant has been properly served with the claim forms and notice of hearing, but the party who wish to obtain a Default Judgment fails to prove his case, the Tribunal may adjourn the hearing and give directions for the production of further evidence.

In case the Defendant appears and disputes the claim

If the dispute cannot be settled, directions will normally be given for the adjournment of the claim to another date "for mention". The Tribunal may give other directions for the future conduct of the claim, e.g. for the filing and service of witness statements, surveyor reports, photos and other supporting documents. Both parties should comply punctually with such directions. If they do not, the claim may be dismissed or a judgment entered against the Defendant without trial. Costs may also be ordered against the party in default.

What happens at a mention hearing?

How long will it take to conclude the claim?

This depends on the complexity of the claim and on many other factors, e.g. the readiness of the parties in complying with directions of the Tribunal in preparing the case for trial. If the claim is disputed, the case will probably be adjourned at least once "for mention" before trial. There may be a number of hearings before the trial.

At a mention hearing, the Adjudicator may:

• explain the law relating to the case to the Claimant and the Defendant;
• inform parties whom they might consider calling to give evidence;
• direct both parties on how to prepare for the trial, and
• investigate the case and the dispute.

The Adjudicator may ask the parties whether they are willing to settle. It is proper for the Adjudicator to actively help and encourage the parties to settle provided that he or she exerts no undue pressure on the parties. If the parties are willing to settle, an order will be made by the Tribunal.

Unless the Adjudicator requires it, there is no need for witnesses to attend the mention hearing.

At the mention hearing, the Adjudicator will usually direct the parties to exchange witness statements before a specified date. The witnesses should write down what they know in details about the case in Chinese or English, enclosing copies of any relevant documents, reports or colour photographs (if applicable).

You should send one copy of witness statements and copy of all relevant documents by hand or by mail to the other party and the Tribunal before the specified date. Such witness statements will be used as evidence in the trial. You should bring the originals of all documents that have been filed at the trial.

If you do not comply with an order by the date specified by the Tribunal, you may lose your case and/or lose costs to the other parties.

A claim may sometimes involve technical issues outside the Adjudicator's knowledge, e.g. the reasonable cost of repairing a damaged vehicle or what the accepted quality standards are for particular goods or services. Appointing an expert to help prove a case may be necessary, but it can be expensive, so ask the Adjudicator for advice if you are not sure whether the help of an expert is needed.

How should I prepare for the trial?

Before the trial, make a careful note of all you want to say in the trial so that you do not leave out anything important.

Ask your witnesses to attend the trial. If a witness is unwilling to attend, you may apply as soon as possible to the Adjudicator for leave to issue a witness summons to secure his/her attendance. You can get the form you need (Form 409-S) from the Tribunal Registry.

You should apply for a witness summons not later than 3 weeks before the trial date. If you apply for a witness summons, you will have to pay witness expenses. Staff of the Tribunal Registry can provide details of these expenses.

What happens at a trial?

Both parties and their witnesses must attend the trial. If the Claimant is absent, the Tribunal may strike out the claim. If the Defendant is absent, the Tribunal may enter judgment in his or her absence provided that the Claimant can prove the case.

During the trial, the Adjudicator will listen to or read all the evidence presented by the parties and their witnesses. The Adjudicator will then decide what evidence is more likely to represent the truth. In general, the party who makes an allegation bears the burden to prove that allegation. The burden of proof adopted by the Adjudicator is on a balance of probabilities.

During the trial, the Adjudicator will ask the witnesses to give oral evidence on oath or affirmation. A witness who is found not to have told the truth in court may be liable to criminal prosecution and imprisonment.

Both parties will have a chance to question their own witnesses and those of the other party. Taking notes on the evidence given by witnesses will help you prepare your questions.

After all the witnesses have given evidence, both parties will be given the opportunity to sum up their own case.

The Adjudicator may deliver judgment at the end of the hearing or on a later date if the issues involved are complicated. If the Adjudicator thinks it is necessary for the parties to provide further evidence, the hearing will be adjourned to a later date.

Behaviour at hearings

At any hearing in the Tribunal, if a person behaves in an insulting or threatening manner, or wilfully interrupts the hearing, the Adjudicator may summarily sentence that person to a fine of $10,000 and imprisonment for 6 months.

What if I am not satisfied with the Tribunal's decision?

Can I appeal if the Tribunal has struck out my claim or made an award against me in my absence?

In these two cases, you should not lodge an appeal. Instead, you should apply immediately to set aside the order with the Tribunal. You can do so by completing and filing Form 8D "Application to Set Aside an Award / Order" and set out your reasons. You can obtain the form from the Tribunal Registry and need to pay a prescribed fee when filing. If your claim was struck out solely due to your absence, you may file a new claim instead of applying to set aside the order.

What if I am not satisfied with an order of the Tribunal to transfer a claim to another Tribunal or court?

You may apply for a review by the Tribunal, you should complete and file Form 8C - "Application for Review of an Award / Order by a Party" - which you can obtain from the Tribunal Registry and set out your reasons. You must do this within 7 days after the date of the court order or award being made and you need to pay a prescribed fee. You may also apply for a review by the Court of First Instance, in which case you must make an application within 7 days after the order is made. You can do so by completing and filing Form 7 "Application for Review by the Court of First Instance of Tribunal's Decision to Transfer a Claim". You can obtain the form from the Clerk of Court's Office of the Court of First Instance.

If you are not satisfied with the order or judgment of the Adjudicator, you have two options. You may:

• apply to the Tribunal for review, or
• apply to the Court of First Instance of the High Court for permission, or "leave", to appeal.

Applying for a review

If you opt for a review, you should complete and file Form 8C - "Application for Review of an Award / Order by a Party" and set out your reasons - which you can obtain from the Tribunal Registry. You must do this within 7 days after the date of the court order or award being made and you need to pay a prescribed fee. You must observe the strict time limit.

After you have filed your application, an Adjudicator, normally the same Adjudicator who presided over the trial, will consider it and either refuse or grant the review.

If a review is granted, there will be a hearing at which the Tribunal may re-open and re-hear the claim wholly or in part and call or hear fresh evidence. The Tribunal may alter its previous decision on review or confirm it.

If you are not satisfied with the result of the review, you can apply to the Court of First Instance of the High Court for leave to appeal.

Applying for leave to appeal

If you opt to appeal, you must observe strict time limit and file Form 9 with the Registrar of the High Court.

First, you must apply for leave to appeal:

• either within 7 days after the date the written award or order is served on you; or
• if, within the same 7 days, you apply to the Tribunal for written reasons for the award or order, 7 days from the date the reasons are served on you.

You can obtain Form 9 from the Clerk of Court's Office of High Court.

The Registrar of the High Court may extend these time limit on good cause.

In an appeal, you may instruct a lawyer to represent you. If you wish to conduct the appeal in person, you may ask the Clerk of Court's Office to assist you. This office is on the ground floor of the High Court Building, 38 Queensway, Hong Kong (Tel: 2825 4228).

After you have filed the application, the Court of First Instance will consider it and either grant or refuse leave to appeal, as it thinks fit. Leave to appeal will not be granted unless the appeal involves a question of law, or the claim was outside the jurisdiction of the Tribunal.

What powers does the Court of First Instance have?

The Court of First Instance has no power to reverse or vary what the Tribunal has determined on questions of fact. It cannot consider further evidence.

The Court of First Instance may:

• allow the appeal;
• dismiss the appeal, or;
• send the matter back to the Tribunal for a re-hearing.

How can I decide between seeking a review or an appeal?

The following table may help you decide whether to apply for a review or for leave to appeal.

How can a judgment be enforced?

After you have obtained a judgment for payment of money to you in the Small Claims Tribunal, you may apply to the Bailiff Office of the Judiciary through the Small Claims Tribunal for its enforcement by way of a Writ of Fieri Facias (FiFa) if the judgment is not complied with.

Note: No one can guarantee that an attempt for execution will be successful and the applicant for execution has to pay a deposit and expenses in advance when an application is filed, applicants should carefully consider their own position before submitting an application for a Writ of FiFa.

Application Procedure

To enforce a judgment, you may apply at the Registry of the Small Claims Tribunal for a Writ of FiFa. A bailiff is directed to levy execution on the goods and possessions of the Judgment Debtor to a sum equal to the judgment plus the incidental expenses of execution. The bailiff will seize and sell the Judgment Debtor's goods by public auction if payment is not made into court. The proceeds will then be used to pay the money due to you after defraying the necessary court charges.

The registry staff will give you an application form (called a praecipe) and a writ.

You have to fill in the particulars of the Judgment Debtor and the amount of money you wish to recover. After completing these papers, you are required to pay a deposit and bailiff's expenses. After the writ has been signed by the court, which usually takes three working days, it will be passed to the Bailiff Office for execution.

You are encouraged to accompany the bailiff when he goes to execute the Writ of FiFa. You have to make an appointment with the bailiff in advance for this purpose.

The first attempt for execution is normally made about 10 working days after receipt of the Writ of FiFa by the Bailiff Office. You may ask the Bailiffs Office to arrange for private security guards instead of court watchmen. The deposit required however is $5,200 in any case.

The Execution Process

On the date of execution, a bailiff, together with watchmen, will visit the premises of the Judgment Debtor. If there are sufficient goods and possessions to justify a seizure, the bailiff will do so up to the amount endorsed on the writ, plus the estimated fees for execution. After making out an inventory of all the items seized, he will give one copy to the watchman who is responsible for keeping watch over the items to ensure that they will not be tampered with or removed unlawfully.

The existing practice is for the Judgment Debtor to be given a grace period of five working days to settle the debt. If the Judgment Debtor does not pay within the grace period, the bailiff will conduct a sale by public auction of the goods seized. The proceeds of the sale will be paid to you after deducting watchmen's fees and incidental expenses. After the Court received payment from the bailiff's office, if appropriate, a cross cheque would be sent to the applicant's address (as shown in Form 1) or the applicant will be notified to collect it at the Accounts Office of the Small Claims Tribunal.

If a bailiff attends at the address of the Judgment Debtor and finds no or insufficient goods to justify a seizure, you will be informed immediately. You should write back to the Bailiff Office with further instructions within 14 days. If you accompany the bailiff on the visit, you will be able to give instruction on the spot.

Points to note

• Costs are incurred each time the bailiff and watchmen attempt to execute the writ.
• If execution is successful, the costs will be defrayed from the proceeds of sale and the deposit returned to you.
• If execution is unsuccessful, the cost of the attempt or attempts will be deducted from the deposit and the balance returned to you. The more attempts are made, the more costs will be incurred.
• If you ask the bailiff to make several attempts, you may have to pay a further deposit.
• The cost of trying to enforce a judgment can be substantial. You should think carefully before proceeding. If you are aware that the Judgment Debtor has no goods or assets to be seized, there is little point in pursuing the matter.
• It is not possible to obtain money from a penniless Judgment Debtor. Some judgments cannot be enforced.
• In executing of the writ, the bailiffs have no power to break into a domestic premises. Therefore when attempting execution, if there was no one to answer the door or if the occupier refuse to let the bailiffs enter the premises in question or if there was difficulty to confirm whether the goods and possessions in the premises belong to the Judgment Debtor, the attempted execution would fail and there is nothing that the court could help in this regard. Under such circumstances, the Judgment Creditor should seek legal advice and consider other alternatives to enforce the Award or Order.

Enquiries on execution matters

To ensure successful execution of the writ, it is essential that you give the Bailiff Office the correct address of the Judgment Debtor. If you want to find out what progress has been made in the execution of your writ, you can contact the Bailiff Office at 2802 7510.