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Writ of seasure and sale WSS

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asked on Oct 15, 2020 at 02:19
by  
edited on Oct 15, 2020 at 02:26
by   Halimdeen
Assalamualaikum dan salam sejahtera..

Saya ada persoalan dengan penyitaan barangan dalam rumah oleh Bank Rakyat melalui bailiff...bailif dari mahkamah telah datang ke rumah untuk menyita barangan di rumah saya minggu lepas...saya tak benarkan bailif tersebut masuk memandangkan ia rumah kepunyaan ibu saya dan saya maklumkan saya ada kes bankrapsi di mahkamah..jadi pihak bank rakyat dan bailif tersebut beredar...pada minggu ini saya telah dibankrapkan oleh bank lain dan belum lagi melaporkan diri ke jabatan insolvensi...

Pertanyaaan saya masih bolehkah bank rakyat melalui bailif mahkamah menyita barangan dalam rumah setelah saya dijatuhkan hukuman bankrap? Adakah perintah WSS dari mahkamah magistrate terbabit akan terbatal setelah saya bankrap?

Terima kasih.
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answered on Oct 15, 2020 at 09:01
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edited Oct 15, 2020 at 09:15
by   jeff005
@ Halimdeen 

Salam..

Below is my personal views and understanding (only)

1.  WSS is applied for via Magistrate Courts based on your status as a Judgement Debtor.

2.  "kes bankrapsi" is via the High Court but it does not mean you can be bankrupted, so you remain as a Debtor.

3.  "setelah dijatuhkan hukuman bankrap" = You are a bankrupt.

Solution :

File (via affidavit) in the Magistrate court to inform them that you are already a bankrupt immediately now before the "Lelong" is conducted to "batalkan" the WSS. You have to file your bankruptcy papers (or conclusion papers of the last hearing).
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answered on Oct 15, 2020 at 12:33
by  
edited Oct 15, 2020 at 13:02
by   Halimdeen
Saya ingin tahu mengenai wss. 

Bolehkah pihak bank melalui bailif menyita barangan dalam rumah bukan atas nama penghutang?  Seperti rumah ibu bapa.

Bagaimana bailif nak mengenalpasti barangan itu bukan kepunyaan penghutang? Kadangkala barangan lama resit telah hilang...
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answered on Oct 15, 2020 at 13:19
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edited Oct 15, 2020 at 13:49
by   jeff005
Halimdeen 

1.  One of the issue is that a Judgement Debtor have put the correspondence address and residency address at the same place.

2.  WSS cannot "seize" everything that is in the house. They can only take away "movable /tangible items" which belongs to you. If receipts have been lost, what more can be said?

3.  All you have to do is to produce evidence that your parents are in gainful employment and that they are living in the same house and share common items. But if they are not living in that house and if the utilities bills are in your personal name, you are deemed to be the sole occupant of the house.

4.  For those house owners who rented their properties (furnished) would have the common sense to keep receipts as proof of ownership.

This is one of the reasons when I often disagree with some people who had posted that "WSS is not common in Malaysia" inside this very website. It is actually very common..!! Same as "Debtors Summons is not common in Malaysia" which is not accurate. This will confuse innocent readers when the laws allows WSS and Debtor Summons is provided for under Debts Litigation and have been "used" commonly for the past 30-40 years.

I have been in debts issues for the past 20 years and have been renting properties since then, but all the rental agreements is under my two children names never in mine. When my son hit into credit cards debts, I forced him to register with AKPK. After 10 years of jail term with AKPK DMP and completed, he has bought his own car now and maybe a property soon.
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answered on Oct 16, 2020 at 02:09
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3.  All you have to do is to produce evidence that your parents are in gainful employment and that they are living in the same house and share common items. But if they are not living in that house and if the utilities bills are in your personal name, you are deemed to be the sole occupant of the house.

Tuan jeff005..rumah yang saya tinggal memang kepunyaan ibu saya. Dia pesara kerajaan yang menerima pencen setiap bulan. Segala bil utiliti semuanya di atas nama ibu saya. Hampir semua barang di dalam rumah kepunyaan dia. 
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answered on Oct 16, 2020 at 22:18
by  
edited Oct 16, 2020 at 22:30
by   jeff005
Halimdeen 

I have transfer your Query in another thread back here so that we know what type of Qs you have asked before.

Your Query :
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answered on Oct 16, 2020 at 21:01
by   
Halimdeen
edited Oct 16, 2020 at 21:01
by   Halimdeen

Jika tidah hadir perbicaraan petisyen pemiutang boleh tak dijatuhkan penghukuman bankrap pada hari yang perbicaraan tersebut?

------------------

The simplified and detailed explanation is found under this thread :

https://www.lawyerment.com/answers/questions/13858/melawan-petisyen-kebankrapan?g=last#a51643

Page 2 post no. 8

The  "Law"  behind it



A "bankruptcy order" (Perintah Kebankrapan) may be issued if you did not attend the "perbicaraan petisyen pemiutang" but not the "bankrupted" status.
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answered on Oct 16, 2020 at 22:53
by  
Sir jeff005..

How about if i attend the hearing and request to the judge to bankrupt me on that day? Nothing i can do now...better pay to insolvency with what im capable to pay..
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answered on Oct 17, 2020 at 08:15
by  
edited Oct 17, 2020 at 10:59
by   jeff005
Halimdeen

I have make an error in the above post :

Quote : A "bankruptcy order" (Perintah Kebankrapan) may be issued if you did not attend the "perbicaraan petisyen pemiutang" but not the "bankrupted" status.

The corrected explanation should be :
A "bankruptcy order" (Perintah Kebankrapan) "may" be issued if one did not attend the "perbicaraan petisyen pemiutang" but one can contest and/or appeal against the order (provide valid reasons) for the non attendance. Note the "may".

For your situation, you attend the hearing and inform the court that you do not intend to contest the lawsuit (in front of the Judge), you will be accorded the bankrupt status. There is no need for you to "request".

A more simpler way is to seek the lawyer of your creditor right after you have register your attendance and inform the creditors lawyer of your decision. The lawyer knows what to do in the proceeding. You have to be in the courtroom when your case is called out, as confirmation is required from you personally.
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answered on Oct 17, 2020 at 12:35
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Ok...thank you for your explanation in detail sir jeff005...this will help me a lot in the hearing later...
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answered on Oct 17, 2020 at 21:10
by  
Sir jeff005..

Selalunya hearing untuk bankruptcy di open court atau dalam kamar?
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answered on Oct 17, 2020 at 23:01
by  
edited Oct 18, 2020 at 01:21
by   jeff005
Halimdeen

It all depends on what the the plaintif or defendan filed for.

Normally for those defendan who has no lawyers representation or self represent, the lawyer will file for open court to show off their skills and to bully the "layman". Imagine a big courtroom can be full of lawyers and attendees, it is scary, unnerving, intimidating to talk loud in front of the Judge (until they met a big loud speaker in me.. hahaha.. !!).

When during your registration (by machine or at the counter) you will know it is in the Judge's chamber or open court. It should be stated in the served papers you received. But it can be changed at the very last moment (mine was changed twice) by the other party.

For you there will be no issues.. (either way), so no worries..
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