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Debtors Act 1934 PART 3 — ATTACHMENT OF PROPERTY BEFORE JUDGMENT

s 17–s 20 · 4 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Seizure of property before judgment

s 17

17.—(1) If it is shown to the satisfaction of the court or a judge, at any time after the issue of an originating claim, by evidence on oath, that the claimant has a good cause of action against the defendant, and —(a) that the defendant is absent from Singapore and his place of abode cannot be discovered; (b) that service of an originating claim cannot without great delay or difficulty be effected; or[Act 25 of 2021 wef 01/04/2022] (c) that the defendant, with intent to obstruct or delay the enforcement of any judgment which has been or may be made against him, has removed, or is about to remove, or has concealed, or is concealing, or making away with, or handing over to others, any of his movable or immovable property, the court or judge may order that the property of the defendant, or any part thereof, be forthwith seized by the Sheriff of the Supreme Court as a pledge or surety to answer the just demand of the claimant, until the trial of the action and satisfaction of any judgment that may be made against the defendant; but such order shall not constitute the claimant a secured creditor if the defendant is adjudicated bankrupt. [Act 25 of 2021 wef 01/04/2022] (2) Any property of the defendant, if in the custody of any officer in the service of the Government, or of any member of the Singapore Armed Forces or of any visiting forces lawfully present in Singapore, in his official capacity shall be seized under subsection (1) only with the consent in writing of the Attorney‑General. (3) If any immovable property is seized under this section, the Sheriff shall forthwith cause the order to be registered under the Registration of Deeds Act 1988, the Land Titles Act 1993 or the Land Titles (Strata) Act 1967. (4) In a case where the land is subsequently seized under or pursuant to an enforcement order in satisfaction of judgment in the action, the order of court registered pursuant to such seizure shall have priority as though it had been registered upon the date on which the order registered under this section was registered.[Act 25 of 2021 wef 01/04/2022]

Court may release property

s 18

18. The court or a judge may at any time, on reasonable cause being shown and upon such terms, if any, as to security or otherwise as seem just, release the property seized and order any movable property to be returned.

Order for sale of perishable goods

s 19

19. The court or a judge may, at any time pending the trial of the action, order the sale of any property seized under this Part which is of a perishable nature, or which for any other reason it is desirable to sell without delay, and direct the proceeds of such sale to be retained by the Sheriff or paid into court pending the trial of the action.

Property liable to being taken under or pursuant to enforcement order but subject to prior claims

s 20

20. Any property so seized, or the proceeds of sale thereof, shall be liable to being taken under or pursuant to an enforcement order in satisfaction of any judgment in the action against the defendant; but it shall be subject to the prior claims of any judgment creditor whose judgment was obtained within one year before the seizure thereof under this Part if the judgment creditor had obtained an enforcement order against the defendant’s property before the making of any order under this Part.[Act 25 of 2021 wef 01/04/2022]

Back to Debtors Act 1934 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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