An order for recovery of property

If an order for recovery or delivery up of possession of property has been made by the court, and the court order has not been complied with, you may ask the court to issue a warrant of possession. A warrant of possession authorises the sheriff to take possession of the property and deliver it to you. An application for recovery or delivery up of personal property must be made by filing an Application to Enforce a Judgment (Form 141) [r 204.1].

If the warrant relates to land, the sheriff may eject any person who is not lawfully entitled to be on the land. If the warrant relates to personal property, the sheriff may enter land and take possession of the property, using appropriate means and such force as may be reasonably necessary in the circumstances [see Enforcement of Judgments Act 1991 (SA) s 11].

An order to do something, or to stop doing something

If the court has ordered that a person must do or not do something (excluding orders in relation to payment of money) and the court order has not been complied with, you may ask the court to issue a warrant to have the person arrested and brought before the court to be dealt with for contempt of the court. In order to bring the person to court, the sheriff may enter or, where necessary, break into land where the sheriff reasonably suspects the person may be present, using such force as is reasonably necessary for the purpose [see Enforcement of Judgments Act 1991 (SA) s 12].

An order in relation to documents

If an order of the court requires a person to execute or sign a document and this is not done, you may ask the court to order the person to execute or sign the document. Alternatively, the court may authorise an officer of the court to execute or sign the document on behalf of the person. A document executed or signed by an officer of the court has the same effect as if it had been done by the person [see Enforcement of Judgements Act 1991 (SA) s 13].

An application by a party to enforce that the judgment debtor execute or endorse a document, or that an officer of the Court be authorised to do so on the judgment debtor’s behalf must be made by filing an Interlocutory Application (Form 77) and supporting affidavit (Form 12) accompanied by a draft order (Form 79) [r 204.4].