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What is Writ Seizure and Sale (WSS)?

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asked on Dec 10, 2008 at 22:17
by   Lawyer
What is writ seizure and sale?

   1. Write seizure and sale is on kind of judgment execution, i.e. after plaintiff successfully obtained a judgment against his defendant, and yet the defendant fails to comply with judgment, and plaintiff now want to proceed further.
   2. This enforcement of judgment is where the plaintiff makes an application in court to seize defendant's property, auction it out so to satisfy the judgment sum.

How it is done?

   1. I do not want to go into detail procedure under the Rule of Subordinate Courts or High Courts, but rather on practical understanding that you (person you know) may encounter one day.
   2. This method is often used by the bank or financial institution to secure back the bad loan after they obtain judgment against the borrower.
   3. After the writ seizure and sale application file in court and the court granted it, defendant may in surprise find that one day the bank officer, bank's counsel and the court bailiff suddenly appeared at your door step show the seizure order.
   4. Now, don't panic, it is not done yet, what they need to do under the law is that they will enter into your premise (you have to allow it, otherwise you will cite for contempt of court order, and don't even try to stop or criminally harassing the bailiff because you may end up enjoying free meal in jail, for obstructing public officer..hehe).
   5. Just relax, let them in because what they just need to do is to create an inventory list for all the property inside your house, and those properties under the list will the property for auction.
   6. After they done, you will given a copy of the list, and 14 days to satisfy the judgment sum otherwise the order for sale will be given and prosecuted.
   7. Now, quickly after you got the list pay the judgment sum within the period. If you manage to pay, then the whole proceeding will be taken off or cancel. And you are free.
   8. On the other hand, if the properties under the list do not belong to you, and for example it belong to somebody else living in the same house, the rightful owner of the property has the right to claim back the property from the proceeding and the court upon hearing the 'third party' application may release the property.

Point to note:

   1. Just remember even if the property belong to somebody else i.e. any third party and that the court release the property upon hearing of the third party proceeding, the plaintiff right to proceed further against defendant does not stop, he may use the same method of write seizure and sale or other method such as bankruptcy or winding up (for company) or even 'judgment debtor summons'.
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answered on Dec 10, 2008 at 22:43
by   mickey
what about my case:- 1)I don't have property nor asset. For the time being i live at a
                       rented house, will the bank issue me a writ seizure and sale against
                       Me ?
                     2) If yes, is that meant everything in the house they have the right
                        to lelong ?
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answered on Dec 10, 2008 at 22:45
by   mickey
forget to tell you that I owed Credit card & Personal loan only.
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answered on Dec 12, 2008 at 00:55
by   Abraham Timothy
Hi Mickey,


Re: Writ of Seizure and Sales (WSS)


As far as I know, WSS normally do not imposed on rental house.
If it is imposed, the bank has to prove those things in the house
belong to you and it is not easy.

If ever WSS is imposed, not everything is taken - some things for
basic living like bed, clothings, children's books, cooking utensils,
etc - you get to keep up to the value of RM5,000 as far as I know.
Non-movable things fitted on the wall like ceiling fans, water heater,
cabinets, etc are not taken away.

The point here is - the banks do not simlpy impose WSS if the things in
the house are not worth the monetary value to recover the debt. In some
cases, the banks just "threaten" the debtors with WSS - just to scare
them so that to pressurize them to pay up! As a debtor, you have your
own right of justice and the banks have no right to use high-handed
tactics or gangsteric harassment against our human rights except those
provided in the law of our country, Malaysia.
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answered on Dec 13, 2008 at 21:58
by   MICKEY
If  WSS is imposed, not everything is taken - some things for
basic living like bed, clothings, children's books, cooking utensils,
etc :

Question: what about the "Iron Safe", Hi fi, Tv etc ?
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answered on Dec 14, 2008 at 00:38
by   Abraham Timothy
Question: What about the "Iron Safe", Hi fi, Tv, etc ?

Answer: As far as I know, the above things are not necessary for
basic living. I can't tell what is what. Is just like asking me what
about Sony play station, portable air-con, massage chair, etc.
These things - one can live without them. Are they considered a
must necessities for you to live. If the equipment in the house is
for medical reason, it may not be taken away with a proof medical
letter from a doctor.

As far as I know, WSS normally is not imposed on rented houses
because some rented houses are partially or fully furnished by the
house owner(s).

In this forum, we are sharing what we know and cannot be taken as
official legal answer.
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answered on Dec 14, 2008 at 00:48
by   Jackson
Need to know that when the bank or court can use Writ Seizure and Sale(WSS) to a personal. is that after bankruptcy or before.
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answered on Dec 14, 2008 at 03:02
by   Peter Tan
Hi Jackson,

Need to know that when the bank or court can use Writ Seizure and Sale(WSS) to a personal.
Is that after bankruptcy or before.

Answer: Before bankruptcy. After bankruptcy, the Insolvency Dept as far as I know
allows you to keep your belongings up to a value of RM5000. This is no problem.


" Why should you admit to the debt and let them have it easy when you can delay the judgement for years?
Without judgement, they cannot seize your assets by WSS.
Anyway, even with judgement, WSS rarely happens for individuals.
Just make sure you don't have a large LCD TV in your apartment."  By Bill.
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answered on Dec 14, 2008 at 17:04
by   jackson
that mean all the people are bankrupcty,  Insolvency Dept will be using the law WRIT SEIZURE AND SALE (WSS) to a personal or director (businessman). how can we avoid of WSS.
How about if a person declare bankrupt personaly throught lawyer, will it also facing WSS.
thanks to give advice.
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answered on Dec 14, 2008 at 18:32
by   Peter Tan
Jackson: That means all those people bankrupt, Insolvency Dept will be using the law WRIT SEIZURE AND SALE (WSS) to a personal or director (businessman). how can we avoid WSS.
How about if a person declares bankrupt personally throught a lawyer, will it also facing WSS. Thanks for giving advice.

Peter Tan: Please make clear that when a person is a bankrupt whether by himself or sue by bank, all his properties/assets/estate/financial matters will come under the control
of the Insolvency Dept. Do not worry too much on an individual bankruptcy(personal) as the belongings in your house are not really seized by the Insolvency Dept, you just declare
them in wrting and normally, they allow you to keep - but do not declare things like you have a large plasma TV and expensive artifacts. The Dept don't come to your house to seize.
You just declare your assets - that is all. Before bankruptcy, if WSS is imposed - the court bailiff would come to your house to mark the list of items seizable. That's all.

As far as I know, WSS is rarely imposed on individual(personal) and rental houses. WSS is more for company's belongings like office equipments, etc worthy of monetary value and
if the house belongs to a richman where huge plasma TV, expensive artifacts, etc are in their home. Your creditors may have the intelligence to check.
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answered on Dec 26, 2008 at 20:46
by   LONELY HEART
I owed cc card/pl for about 5 month. today Ambank call again, saying that if i don't payment by today, they will take legal action against me such as WSS & check my cash flow ,I live in a rented house and not house or car. What worried me if they come to my house ,will they seize my husband "iron safe" of his bank a/c ?
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