Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

WA Is Property Seizure and Sale Order Enforceable Should Bailiff Default?

Discussion in 'Debt and Bankruptcy Law Forum' started by Sandino, 5 May 2016.

  1. Sandino

    Sandino Member

    5 May 2016
    Likes Received:

    I had a Property Seizure and Sale Order (PSSO) which expired but didn't realise that another PSSO which had been applied for by someone else a few months prior, would take precedence. We have been granted another PSSO which now awaits the outcome of the (now) first one.

    Anyway, the other PSSO has been granted in a name that is not the legal name of the defendant. (First and middle names have been transposed, probably because he uses his middle name socially.)

    What I am wondering is, does this mean that PSSO is not enforceable and should the Bailiff default to our (legally named) PSSO?

    Thanks for any help.
  2. Sophea

    Sophea Guest

    I would think so, but I'm not 100% sure. I would have thought that the name would have to be exactly as on the proceedings from which you obtained the judgement against the debtor.

Share This Page