How Do I Stop a Bailiff/Possession Order?
Last revised February 27, 2020

There are a number of steps to take when facing eviction by bailiffs.

In order to halt bailiffs who are attempting to conduct an eviction from a property an application must be made to the Supreme Court for an interim stay of the possession order.  This requires going before a judge on short notice. Applying for a stay does not guarantee you will be granted one.

You can apply for the stay using the Urgent Applications rule of the Supreme Court Civil Rules, Rule 8-5.

Under this rule the following forms are required:

  1. a short notice Requisition (Form 17.1)
  2. a Notice of Application (Form 32) – this is the “main application” referred to in Rule 8-5.
  3. an Affidavit (Form 109) – this is for any supporting evidence or documents you want the court to be aware of.  This form is optional.  Both the Short Notice Requisition and Notice of Application contain sections for citing supporting affidavits, though an affidavit is not specifically required under Rule 8-5

 

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