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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 20, 2021 at 16:36
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As for your laptop, backup all data thru google and let them take. And if the laptop serial number have been documented (the baliff handwriting is as bad as mine.. ) then reformat the drive, empty it.

Alternatively go buy a condemned same brand and let it be seized.
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answered on Nov 20, 2021 at 17:02
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Hi mr. Jeff005

Ok. I will go to mahkamah to check on writ and afterthat to CoA

As for laptop n computer, i dont mind them to have it as It only for my kids use for School pdpr. We buy it cheap Less than rm200 as its got defect. Bailif Just have a glance as it is in my kids room.
My concern is only my house owner item.

**Is it normal supporting document dont have a bailif stamp? Only signature is enough? Or bailif memang tiada chop to stamp?**

Tq for your reply.
May God bless u always. Stay safe.
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answered on Nov 20, 2021 at 17:29
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edited Nov 20, 2021 at 17:59
by   jeff005
Ms Zue

May God bless u always. Stay safe.
May Allah bless you
May my Lord Buddha bless me

*** Thank U very much for ur Blessings***

I believed that I have been blessed by different "Gods", otherwise I would not be around. The covid viruses could have eaten me up oledi..!! Only Odin haven't appear..

**Is it normal supporting document dont have a bailif stamp? Only signature is enough? Or bailif memang tiada chop to stamp?**
It depends on the areas and location. The verification starts before the bailiff enter your premises and the stamp he carries can be faked too.

It does help if he/she writes his name and court identification number, then only sign, after itemizing all the assets on the papers. There can be many different roles of bailiffs and whoever is free may be on duty that day, so there is no fixed bailiff sometimes (rotational).
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answered on Nov 20, 2021 at 19:04
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Hi mr jeff005,

Will they lelong my item at my house?
Will people come to my house the see the lelong item?
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answered on Nov 20, 2021 at 21:00
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edited Nov 20, 2021 at 22:33
by   jeff005
Ms Zue

 ** Take serious note that my this following comments is on a personal perspective and is a non-legal perspective as I was never involved in a WSS case.

1.  Will they lelong my item at my house?
No, it is infringement of basic human rights, even as in the past, the auctioning of slaves is done at a market place. Your house is not a legal auctioning premise.

I understand that some debts collectors are threatening people with this WSS mode to scare people.

When the date given for filing an objection to this WSS expires (there is a special term which I forgot). I remember it as "Interlocutory application" for "stay of execution" (lelong) or for your case, deletion of items that does not belong to you. The bailiff would appear again with the bank's lawyers.

You may approach BBG (Biro Bantuan Guaman - Govt Free Services) or BCLAC (Bar Council Legal Aid Centre) for help.

Normally on the date of "seizure", depending on the number of items, a van or lorry with workers will come and collect those marked items. The items will be brought to the bank's premises (store-yard) and would be auctioned at a later date along with other people's seized goods. The storage charges will be added to the cost of Auction. The bank have to be very careful, sometimes the cost of auctioning can be higher than the auctioned value of the goods, the bank will have to pay the auction centre and auctioner's fees, Bailiff and lawyer fees - upfront (if it is not the bank's private auction). Sometime it is not fruitful to execute a WSS on a poor debtor.

Note that DBKL WSS is different as it has been incorporated inside the DBKL ByLaws. DBKL turn up with lorry and workers, either pay up now the overdues or some assets seized.

Will people come to my house the see the lelong item?
No such thingy will happen to your case. They cannot embarrass debtors in this manner. The taking of seized item will be done like just shifting house /room.

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answered on Nov 20, 2021 at 21:30
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edited Nov 20, 2021 at 21:33
by   jeff005
Ms Zue

The WSS laws states that only the movable assets belonging to the debtor can be seized.

Things can very sensitive and subjective when the house belongs to both the wife and the husband who can both be working with each buying their own "assets" (for the family and children).

You have not declared whether the debtor is you or your husband.

Assuming that you were the debtor for a very old debt and if your husband can prove with purchase receipts (under his name), (eg the computer and Laptop), these items cannot be seized, it is not every item (movable asset) found in the house can be seized and lelong-ed, only those that belongs to the debtor. If your husband lost the receipts, sorry la..

You posted the following.. Quote :
Pic alrajhi told me, once i got 2k
Can you elaborate?

I assume that it is to stop the WSS, they first try to recover some moneys first, now, knowing some items does not belong to you (landlord's) making it a "failed" WSS. This 2k is just to cover the courts bailiff fees and legal fees. But you still owe the bank. Take note they can apply a new WSS or make an extension for the current WSS as this writ has not been carried out "completely". Normally they do not, as they now know your actual status. But be-careful, next they would go for Garnishment of banking accts. This is provided for by laws.

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answered on Nov 20, 2021 at 21:47
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Dear mr. Jeff005,

I understand your comments is your personal perspective.

Its relief to hear they will take the item silently.

We are poor deptor, they cant even get 3k if they lelong our item. Most of the item damage and old item, 10years or more.

I have google on litigation dept of alrajhi but i dont find any info. 

I will google on Bar Council Legal Aid Services to understand their services.

Tq for your long and detail explanation.

May God's blessings shine upon you today and always.
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answered on Nov 20, 2021 at 22:13
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Hi mr. Jeff005,

You have not declared whether the debtor is you or your husband. 
I am the deptor. Not my husband. 
I was fully housewife since 2013. 

If your husband lost the receipts, sorry la.. 
There is no receipt since most of the item we buy 2nd hand item. Not new item we purchase at shop.

You posted the following.. Quote : 
Pic alrajhi told me, once i got 2k 
Can you elaborate? 
During the call, she request me to pay full payment around rm8500. I told her i dont have that much and i ask for installment around 1k each month. 
She say No. She can only offer 2 month. I told her we dont have that much money. Even my husband just start working with salary rm2650. She ask me if i can pinjam anybody. I told her i dont have anybody to pinjam since we already pinjam our parent during pandemic. 
Then she told me to ask my husband to go akpk to seek for help. I ask her "can my husband go to akpk for my hutang ke?" 
She say "im not sure u ask akpk."
Then she ask me to prepare 2k than only call her. I ask her, what is 2k for? 
She say, "i pun tak taulah 2k is ok or not. I just simply say 2k". 
After that she say she have another call to attend. And remind me, when I get 2k, call her back.

next they would go for Garnishment of banking accts
I will google on this, as i dont know what it means.
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answered on Nov 21, 2021 at 12:39
by  
Ms Zue

Now that your case is clearer, there is more information from me.

First understand what is WSS
Writ of Seizure and Sale.
The procedures :

1. Serve Writ by Bailiff (Completed)

2. Seizure of the listed items (next step)

3. Sale of seized goods (final step)

One can contest this writ in 14 days.
Since not all the itemized goods are yours, you may have to file an "Interlocutory Injunction application" to court to stop the seizure.

You can use the services of a lawyer (recommended).
Or you can a D-I-Y (Self Representing) - by notifying the court by filing a "Tindakan Persendirian".

DIY is not hard but there is a lot of work to do.
You can delay /set aside this WSS writ but it incur 3-4 trips to Mahkamah. As well as make an offer for settlement of this Judgment Debt. It is up to the bank to accept or reject and to carry out the next step which is seizure after the 14 days is up.

DIY does not cost much, estimated less than RM200, it is the trips to Mahkamah that time consuming and the courage to fight the bank lawyers.

What I am suggesting is to make 2 applications into one Filing.
1. Delay the seizure  
2. Settlement of this debt once and for all.

BBG and BCLAC can also help to advise you on how to proceed.

You decide.... and revert to me.

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answered on Nov 21, 2021 at 17:29
by  
Hi mr.jeff005,

I will find a lawyer as i dont have enough courage to face it alone 😭😭

I will apply for delay seizure for my houseowner item.
As for settlement im not able to do that. Cant afford 8500. Unless for atleast 9month installment.

Im willing to let bank take the item. Since it is old item. Maybe its time to buy new stuff for kids. 

I did read about garnisment. Since im not working there is no monthly money in. Only around rm100-200 every week from shopee. 
I have empty my account years ago and simpan under pillow or beli emas since i have stolen money case from my banking 10years back. 

I will go the court to check on my document. 
**Should i ask the kaunter court if there is any recomended lawyer? **
Since the BBG and BCLAC is far from my house. I also not capable to drive that far. 
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