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Writ penyitaan dan penjualan

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asked on Nov 19, 2021 at 16:50
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Hi to all,

Hari ini 3 org lelaki datang ke rumah saya dengan dokumen sitaan. 

1. Bailif = pakai blazer written mahkamah. Showing his id card and dokumen sita
2. Lawyer
3. Security 

I let them in and bailif list out item to sita on paper. The 2 guy diam sahaja. I told them this is rental house. Some of item he listed is belong to house owner. But they just ignore and continue writing.

Once finish writing and signing, they give 1 copy to me and the bailif and lawyer advice me to call bank to discuss on how to settle it.

I call alrajhi bank and spoke with person incharge. Ask her if any chance i can refinance back. But the officer juat say, "u have to pay 8k++, or else we will continue with lelong" 

I told the officer that we dont have that much money, and hoping to get more reasonable amount. But the officer just ignore. I told the officer that this sita item is belong to my house owner. And officer say i have to inform house owner that his item akan kena lelong because of my debt.

Pls advise me, 
should i inform my house owner to collect all his item? 
Is it really they can lelong my house owner item?
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answered on Nov 19, 2021 at 21:03
by  
edited Nov 19, 2021 at 21:23
by   jeff005
@ Ms Zue

should i inform my house owner to collect all his item?
The moment any of those listed items is missing from the house (dun care where you stash it away), lu masuk penjara for contempt of court, paham?

Is it really they can lelong my house owner item?
Why not? The bank is not free to secure a WSS Court Order which is costly. Garnishment of your banking acct may bear more returns and more easily obtained (if any).

Send the full clear copy the baliff gave you (you can delete your name, i/c number and address), then only I can suggest solutions on what's next. Send oso a copy of the tenancy agreement.

Send to < bladirunner@gmail.com >

You have 14 days before the lorry comes to, taking away all those listed movable items. Otherwise pay what you owe the bank, plus at least 1,500 baliff fees, court fees as well as lawyers fees and the bank officer (hazardous) allowances.

Is it landed house or condo /apartment?
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answered on Nov 19, 2021 at 21:26
by  
Dear mr jeff005,

Tq for reply. 
I have sent request document to your email.
Awaiting for your reply.

Is it landed house or condo /apartment?
Apartment
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answered on Nov 19, 2021 at 21:39
by  
Wow.. very fast response.. add the tenancy agreement in esp on the part that this agreement covers "semi furnish or furnish". If there is no agreement, sorry, it is deemed as yours, you have to compensate the houseowner in your own means and way.

You have been made a Judgement Debtor more than 6 years ago, hence the interests element have stopped. You will still be made to pay for any "shortfall" after the lelong.

I will write more tomorrow pending receipt of the tenancy agreement. (soory my midnight kakis is looking for my blood. Have to go out).
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answered on Nov 19, 2021 at 22:02
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Hi mr. jeff005

I have sent you another email on tenancy agreement. Looking forward on your next reply. Tqvm
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answered on Nov 19, 2021 at 23:32
by  
edited Nov 19, 2021 at 23:33
by   Ms Zue
hi mr. jeff005

i just install truecaller app in my phone. I check the phone number the lawyer give me for arrajhi person in charge, its turn out to be scammer no.

I also check at truecaller the phone number at the writ pelaksanaan document i give u via email. It show "scammer mahkamah k****g"

How can i check if the bailif document legit?
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answered on Nov 20, 2021 at 15:09
by  
Ms Zue

First and foremost, i would like to highlight some posting issues.

1. "scammer mahkamah k****g"
Becareful of alleging a court baliff as a scammer. If you are not sure, then do not post terms extracted from other websites.

2. "arrajhi person in charge, its turn out to be scammer no"
How sure are you? Have you called the bank general line and got in touch with the "Litigation Dept"?

3. Truecaller is a good and bad apps.
One can blacklist a competitor as well as our enemy.
If we call the bank and the officer is very very rude, We can also blacklist that number. Does it help as in your case? It gives you sleepness nights.. right?

4. How can i check if the bailif document legit? 
Go to the court that issued this WSS or call direct.

In the first doc you have send me, it appears that one is a genuine one, but it is best you check with the Mahkamah. The other 2 are just standard supporting docs.

5.  You have send me the tenancy agreement, but unfortunately it is too small for me to read and enlarge as I do have diabetic eyesight. I will comment later on how to understand it in my next post and why I asked for it. Take note that it (the agreement) has been stamped and duty paid, so what makes the WSS doc invalid when court charges have been stamped. Why the need to apply for a WSS in 2020 and then only execute it months later? Because they just found you?
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answered on Nov 20, 2021 at 15:35
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edited Nov 20, 2021 at 17:54
by   jeff005
Ms Zue

Since I could not read the agreement properly, you have to decipher yourself. I only need to see the stamping duty paid.

You have to file an affidavit to the same court before the 14 days with the WSS file number that some those listed is not yours.

You and your houseowner  have to show proof of ownership i.e. with purchase receipts and what has been stated inside the Stamped Agreement.

In the event of not properly stated inside the agreement, proof can be obtained from any advertisements via newspaper and/or online adverts. There are standard "furnished utensils /equipment" for different types (rental price) of semi or fully furnish condos /apartments.

Example, my rented apartment comes with 3 beds with mattresses, 6 ceiling fans, 2 aircond units, fridge, washing machine, a modern electronic stove, 5ft sofa, 6ft dining table with chairs. All these are deemed as "movable assets". In most cases the bailiff may not itemize some assets as it has no lelong value. If you have a large and expensive commercial stove, sure seize it same as a expensive racing bike.

What I could not understand is that why you let those 3 people into house without first verifying their identity by their MyKad and calls to their respective offices (direct line). If you are alone and with a child, you are actually endangering yourself. You could be raped, molested, murdered and/or robbed.

First you go to the court for verifications, then planned on your next action, to pay or let the items be lelong.
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answered on Nov 20, 2021 at 15:41
by  
Hi mr jeff005,

How sure are you? Have you called the bank general line and got in touch with the "Litigation Dept"?
I call number written by lawyer when he pass me the writ penyitaan. Im not sure if it litigation dept. I will try to google on this to get more info. 

If we call the bank and the officer is very very rude, We can also blacklist that number. Does it help as in your case? It gives you sleepness nights.. right?
Pic alrajhi told me, once i got 2k, call her back. I keep on thinking is it legit or not. Cant sleep at all. A bit traumatize when i hear people knocking my door.

In the first doc you have send me, it appears that one is a genuine one, but it is best you check with the Mahkamah.
This doc is from mahkamah bxxxi

 The other 2 are just standard supporting docs. 
This doc is from mahkamah kxxxxg

Should i go to both mahkamah to check?

Because they just found you?
I've been in the same address i provide to bank for the past 13years.
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answered on Nov 20, 2021 at 16:08
by  
hi mr. Jeff005

I only need to see the stamping duty paid.
**I have email u.**

What I could not understand is that why you let those 3 people into house without first verifying their identity by their MyKad and calls to their respective offices (direct line)
**Bailif pass me his mahkamah id kad and writ. I panic. I video call my husband. Ask neighbour to wait outside. I snap their picture. My husband watch it thru video call.**

First you go to the court for verifications, then planned on your next action, to pay or let the items be lelong.
**Noted. Tq. I will go mahkamah for verification.**
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answered on Nov 20, 2021 at 16:12
by  
edited Nov 20, 2021 at 17:55
by   jeff005
Ms Zue

Thanks for the enlarged information.

It appeared that you have a proper tenancy agreement signed and stamp and "inventory" itemized (appendized), so the houseowner can claim those items and cannot be seized.

You have to file an affidavit with reference to this WSS and file at the court that issued out this WSS. Sorry, I am hopeless on affidavits. However, someone have posted in this forum on how to file a proper affidavit. (i remember is by @kiki). The examples is in Malay. You can do it yourself. No need lawyers. You have to enclosed a certified copy full set of the tenancy agreement (by a Commissioner of Oaths - fees I think is only RM20). Sometimes the Co-Oaths  (Pesuruhjaya Sumpah) can help you draft an affidavit. Everything is in Malay Language for Courts Filings.

Yes, you have to cross reference the items stated in the tenancy agreement with/to the itemized list by the bailiff. Yes, file the bailiff List too.

Note : There is no need to involve the house-owner. No need to tell him. Keep relationship goo.
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