Sheriff Goods Seizure
Fieri Facias
Fieri facias is a common law execution writ against goods. It is directed to the sheriff or County Register commanding him to cause goods and chattels of the judgment debtor within his bailiwick (area)  to be recovered, seized and sold to be paid to the party by whom judgment is recovered. If there are no goods available, a return of no goods (nulla bona) may be made, and the execution is complete.
Unlike with other orders, it is not necessary to serve the order prior to issuing a writ for recovery of the goods. The order may be taken out against each of a number of debtors who are jointly and severally liable judgment debtors.
Fieri facias or an execution order against goods is a common law process/writ that directs the undersheriff or County Registrar to cause chattels of the debtor within his functional area (bailiwick) to be seized in satisfaction of a judgment. A prior demand is not required before the writ issues. A form of requisition is filed in the court offices for the issue of the writ. The circuit court procedure for the issue of an execution order is broadly similar.
Seizable Goods
At common law, a sheriff could only seize goods belonging to the judgment debtor. He could not seize against goods already seized or distrained.
Prior to the 2009 Land Act Reforms, a sheriff could seize all leasehold interests. The 2009 Act limits the power to non-residential property. He could not seize or sell a freehold interest or an equitable interest. He had the power to seize an equitable interest, where the whole beneficial interest due to the judgment debtor. This would not be so, in the common case of mortgaged property. Such seizures are very rare in modern times.
The Common Law Procedure Act allows the sheriff to seize money, bank bills, bills of exchange, bonds, specialities and other securities for money belonging to the person against whom the writ was issued.
Assets which are held jointly or as tenants in common may be seized and sold. The interest of the other co-owners must be paid in accordance with the nature of their interest. Where the debtor has a saleable interest in the goods, even it is not a full interest, they may be seized and the interest realised, where they are in his lawful possession. The sheriffs may seize goods held as pledgee if the pledge becomes enforceable for the debts.
Exempt Goods
The following are exempt from seizure liability under the 1926 Act
- necessary wearing apparel,
- bedding of the debtor and his family
- tools and implements of his trade
Goods and chattels in a leased property are not liable to be taken in execution unless the party executing pays to the landlord any sum of money up to one year’s rent, as is due for the time being, such sums to be sworn by the landlord.
The sheriff may sell goods at public auction after at least 48 hours have expired after execution. The sheriff may not allow an unreasonable delay.
Walking Possession
An undersheriff is to take an inventory of the goods within 24 hours of seizure and if practicable, before any removal. He is to forward to the defendant a duplicate inventory signed by the undersheriff.
Sheriffs may seize goods without physically removing them from the premises. If the sheriff shows an intention to seize them, there may be sufficient seizure. There must be an act indicative of an intention to take possession and control of them.
The sheriff may enter into a walking possession agreement, in which he agrees to leave the goods in the debtor’s custody. The debtor must acknowledge that the sheriff has taken possession of the goods.
Nulla Bona
A return of nulla bona involves the return of a writ of execution and signifies that the officer has made a strict and diligent search but was unable to find any property of the defendant liable to seizure under the writ on which to make a levy. It is the completion of the execution.
A return of nulla bona completes execution, even if the judgment has not been satisfied. The court may go behind the return in order  to ascertain whether the proper levy has been attempted and executed.
Sale
A sheriff may sell by public auction within its bailiwick. The court may order a sale of whole or part of the goods where it is claimed that a third party has a security interest in them. This occurs pursuant to interpleader proceedings.
The execution binds the goods of the judgment debtor from the point in time of the delivery of the writ order to the officer for execution. The time is to be endorsed on the writ or recorded.
The goods sold are subject to all legal and equitable interests in the goods in the hands of the judgment debtor. The sheriff has no power to give any better title than the judgment debtor held in the goods. The seizure does not satisfy the judgment as the property remains with the debtor until it is sold.
Once a property is sold, the sheriff has authority to give the title to the goods to the purchaser. The interest of the judgment creditor arises in respect of the moneys received.A person who purchases in good faith from a sheriff takes good title to the goods, animals, chattels, etc.,  notwithstanding any invalidity in the seizure objective.
Sale Issues
Where the sheriff has seized but not sold goods, the person who seeks execution may seek and be granted an order of vendition exponas once the order of fieri facias has been filed. This applies where goods remain in the sheriff’s possession because there is no available buyer. The order writ directs the sheriff to sell at the best price obtainable and make a return for payment to the judgment creditor.
A third party who is adversely affected by execution, may have a right of action against the sheriff in respect of things done by reason of the wrongful seizure. A judgment creditor may be liable to a third party if goods are wrongfully seized because he asserts to the sheriff that they belong to the judgment debtor.
Where several orders for execution have been lodged, priority is in accordance with the date of delivery to the sheriff. Where he levies, he should pay in accordance with this order of priority.
In strict terms, the writ of execution binds the property when it is delivered to the sheriff for execution. The sheriff endorses the time of the receipt on the writ. However, title to goods which are acquired in good faith for valuable consideration thereafter, passes to the transferee before the seizure, unless such transferee  had notice that the writ or order that had been delivered to the sheriff and remained unexecuted in his hands.
The sale by the sheriff under the writ gives title to the purchaser. A person who buys in good faith under a sale by the sheriff, goods of the company on which execution has been  levied acquires good title against the liquidator.
Supevening Insolvency
Where a company is being wound up,  distress or execution in respect of its property or effects is void. A judgment creditor may not retain the benefit of the execution unless execution or attachment has been completed before commencing winding up.
Execution is completed by seizure and sale. Execution against land applies on completion of seizure and in the case of an equitable interest, the appointment of a receiver.
Where a liquidator is appointed, whether provisional or final or where a resolution for voluntary winding up has been passed, goods and any money seized or received by the sheriff in part satisfaction, which have been taken in execution but not sold, must be delivered to the liquidator. The sheriff has a duty to pay the balance of the liquidator if, within 14 days, there is served on him notice thereof. The costs of execution are a first charge on the goods. The liquidator may sell them to realize the same.
Upon completion of execution, the judgment creditor obtains the benefit of the execution, even though the company later goes into liquidation and the money remains in the hands of the sheriff.
Under the Bankruptcy Act, where goods or a leasehold interest in lands belonging to the debtor have been seized under execution order or sold, or money has been paid in satisfaction of the execution, either to the sheriff or County Registrar, in order to avoid seizure and sale under such execution, the money must be retained for 21 days.
The monies must be surrendered to the Official Assignee, if within the 21-day period, the person holding the same receives notice of the adjudication of bankruptcy. A person who  purchases in good, faith under a sale by the sheriff, acquired as good title as against the official assignee.