The Office of the Marshal of the Superior Court
is authorized to conduct auctions of real
and personal properties that have been attached to satisfy judgments entered by the Superior
Court pursuant to 5 V.I. Code Ann. § 471. Before a sale of real property can be scheduled
and conducted, the Office of the Superior Court Marshal in accordance with 5 V.I. Code Ann.
§ 473, must have in its possession a certified copy of a Writ of Execution and a request for
Marshal Certificate for attachment of Real Property. The writ substantially describes the
judgment and if the judgment is for money, the writ shall state the amount actually due.
In accordance with 5 V.I. Code Ann. § 484, before the sale of property on execution may
be conducted, a written or printed notice of the time and place of sale, particularly
describing the property shall be-posted in a public place in or near the Office of the
Clerk of the court in the judicial division or jurisdiction in which the sale is to take
place; and published in a newspaper which is published in the judicial division in which
the sale is to take place. In the case of personal property, such notice shall be posted
and published once not less than ten days prior to the day of sale. In the case of real
property, such notice shall be posted for four weeks prior to the day of sale and shall
be published once a week for the same period.
Sales of Real Property
The attorney for the plaintiff may entertain an opening bid on the day of the sale.
The successful bidder will submit his/her name and address, at which time a ten percent
(10%) deposit of the total purchase price must be submitted to the Marshal’s Office before
the close of the business day. The balance of the purchase price should be paid within
thirty (30) days of the sale.
Six-Month Or A Year Redemption Period
The Defendant has the right of a six-month or a year redemption period. At the expiration
of the redemption period, the purchaser will be issued a Marshal’s Deed. Please note that
the successful bidder is responsible for buying the necessary stamp tax and having the
property recorded. If the defendant decides to redeem the property within the statutory
redemption period, he/she or should make contact with the attorney for the plaintiff, and
pay all fees and interest.
Sales of Personal Property
The marshal conducts a sale of personal property seized under a certified copy of a Writ
of Execution when an item or a number of items have been attached and stored in the
marshal’s warehouse. The sales of “Personal Property” are posted and published “once”,
for not less than ten days prior to the day of sale.
The base price of the personal property is determined by the amount of debt owed by the
defendant. The full amount or ten (10%) of the accepted highest bid on the item or each
items are collected at the sale. If there is a balance due it is collected within 24 hours.
If the item purchased is a vehicle, a certificate of ownership will be issued and the
bidder would take this certificate of ownership to the Motor Vehicle Bureau to change
the vehicle title.