The Office of the Virgin Islands Marshal (OVIM) 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 Virgin Islands 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(optional) which must be filed and stamped by the Recorder of Deeds, acknowledging that the attachment was recorded. 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 (10) 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.
Procedures for Real and Personal Property Sales
Sales of Real Property
The attorney for the plaintiff may entertain an opening bid on the day of the sale. All prospective bidders must sign in (his/her name and address) prior to the beginning 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 Redemption Period
The Defendant has the right of a six-month 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 contact the Office of the Virgin Islands Marshal 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 a secured location. 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 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 will take this certificate of sale and bid of sale to the Motor Vehicle Bureau to obtain a registration in his/her name.