A Deputy Sheriff is given instruction by the party who won the case (Plaintiff) to go and attach the property of the party who lost the case (Defendant). He/she must also hand him a document called a writ of execution. The writ contains the names of the defendant and his addresses. The Deputy Sheriff will then go to the Defendant's house and demand that he pays the money owing.
If he fails to pay, attach his movable property like, furniture, TV, motor vehicles etc. He must not attach beds that he uses or are used by his children, food, clothes, tools of trade of a certain value etc. lf there is no property available he must search for it.
After attachment the Deputy Sheriff will either remove the property and store it in a safe and secure place or leave them with judgment debtor: if he gives him assurance together with someone reputable that he will produce the property on the day of sale.He must then advertise the property for sale within 14 days.
The sale must be by public auction. The price obtained depends on people who are there to bid. It can be high or low. If the sale does not raise enough money to pay off the debts, further attachment of movable property of the defendant can be made. Immovable property is only attached if all movables have been attached and sold or there are no movables or where the court has ordered that it be attached. The proceeds of sale are distributed to all creditors who brought their claims to the Deputy Sheriff before the sale. The property attached must belong to the judgment debtor.
