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Warrants & Bailiff

Objective:

Provision of support services to enforce court decisions and court processes

Mandates that guide the work of the Warrants and Bailiff
• Judicature Ordinance 1961
• Judgment Summonses Act 1965
• District Court Act 1969
• Criminal Procedure Act 1972

Enforcement of Warrant of Commitment (Court Fines)

The Warrants Section is a section of the Ministry of Justice and Courts Administration. We prepare Warrant of Commitment from criminal charges filed by Police for execution if you do not pay your Court fine to the cashier within the period of time provided by the Court.

The Bailiff Officer accompanied by Police will collect fines and execute warrants on those who cannot pay to Tafaigata prison to serve time.

If the Court fine includes an imprisonment term, the fine is uncollectable upon default of payment as a warrant of imprisonment will be prepared and issued to police for execution.

The Bailiff Officer also executes warrant from maintenance and affiliation due to non-compliance with Court Order
A fee of $10 will be added when the Warrants Section takes enforcement action.

Always ask for a receipt when payment is made.

Enforcement of Warrant of Committal (Civil Claims)

The Warrant of committal are prepared once the Plaintiff files an application for warrants of execution to the Court as the Respondent has failed to comply with Court Orders. The file will then be located for the preparation of a Warrant of Committal

Warrants of committal are referred to police for execution without the assistance of the Bailiff Officer from the Warrants Section.

The Plaintiff should write to the Registrar requesting withdrawal or discharge of a warrant that has been paid in full or upon arrangements made by both parties.

All payments of debts should be made to the Ministry of Justice and Courts Administration.

Preparing Small Claims

Small claim of not more than $7,000.00 is prepared upon approval from the Registrar. This assistance is specifically - individuals who cannot afford a lawyer.

The office will assist in the preparation of all documents required however; the judgement creditor (JC) should serve all Court documents provided to be served upon the judgement debtor/respondent (JD). All documents served to the JD should be returned to Court to be sworn in and insert in Court file. The Judgement Creditor/Plaintiff will also present him/herself in Court.

We prepare small claims for;
 Small village shops
 Village Centres (SPBD – South Pacific Business Development)
 Money borrowed by individuals
 Requests by guarantors due to unpaid loans
 Requirements;

o Invoice/quote from an engineer/mechanic if it’s a vehicle damage
o Confirmation from SPBD if it’s a Centre
o Bank Statement if it’s a request by a guarantor due to unpaid loan
o We DO NOT deal with any claims which involves purchase of land

Delivering of Court Documents

The Bailiff also delivers and serves Court documents for Maintenance and Affiliation and Assessor Trials for the Courts Division

Please feel free to contact us for more information

About MJCA

Ministry of Justice, Courts and Administration

Mulinuu, Samoa

P.O. Box 49

info@mjca.gov.ws

Upolu Numbers:

  • phone : (685) 22671 - 74
  • Fax : (685) 21050

Savaii Numbers:

  • Phone : (685) 53514
  • Fax : (685) 53513
Please address all correspondences to the Chief Executive Officer / Registrar of the Courts.


© 2016 Ministry of Justice and Courts Administration. All rights reserved.