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Writ penyitaan dan penjualan

2580 Views  ⚫  Asked 10 Months Ago
asked on Nov 19, 2021 at 16:50
by  
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 21, 2021 at 17:50
by  
Ms Zue

Never ask the counter.

List of approved Lawyers nearest to you can be found in the BAR COUNCIL website.

There are lawyer firms advertising in this forum too.

Get Quotations from different legal firms.
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answered on Nov 21, 2021 at 17:56
by  
edited Nov 21, 2021 at 18:00
by   jeff005
As for settlement im not able to do that. Cant afford 8500. Unless for atleast 9month installment.

My suggestion is to file in court for full settlement (not 8K payment) of this debt by proposing to pay RM1.5K in 2 monthly instalments (using this Writ the bank started).

This is a voluntary settlement proposal to the bank via court filing.

It is highly possible the bank may accept based on your situation as a full time housewife with 2 children.

Up to you.. it is your call..
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answered on Nov 21, 2021 at 18:09
by  
edited Nov 21, 2021 at 18:57
by   Ms Zue
My suggestion is to file in court for full settlement (not 8K payment) of this debt by proposing to pay RM1.5K in 2 monthly instalments (using this Writ the bank started)

Wowww.... I can do this? Full settlement for 1.5k? 

Yes. Full time housewife with 4 children.
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answered on Nov 21, 2021 at 18:41
by  
Never ask the counter. 
Ok

Get Quotations from different legal firms
Ok. Will do this.
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answered on Nov 21, 2021 at 22:30
by  
edited Nov 21, 2021 at 23:34
by   jeff005
Ms Zue

Wowww.... I can do this? Full settlement for 1.5k? 
What I meant is your offer of 3K as full settlement by the paying of 2 installments of 1.5K each time. However, this may only work if you file on your own without lawyers. This is to show that you are really poor and cannot afford larger repayments.

If you use lawyers services, the bank may premise /assume /conclude that you have moneys and would not agree but may up the amount. Usually the banks wants to close case as fast as possible and may only allow 3-4 installments for larger amounts. The bank thinks, If you can afford lawyer fees, why not use it to pay the bank instead?

Self representing style is different from standard lawyers services.
Think out of a standard box.

My own style as a self representor, use methods out of the box, non-standard. If I make mistakes the court would not punish me as I am a non-legal person, lawyers cannot make mistakes in court. That is why, for small debt amounts, we can predict how the banks and their lawyers works.

For your case of 7K Judgment Debt, this is the last ditch /move by the bank. After the lelong and if there is still a balance of the debt, they will sell it to other debt buyers and your nightmare would continue next time, chased by professional debt collectors.
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answered on Nov 22, 2021 at 15:22
by  
Hi Mr. Jeff005

I have draft my affidavit. It is too simple?
Should i list out item that belong to houseowner?
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answered on Nov 22, 2021 at 16:03
by  
Yes.. you should list out the items that is in the bailiff's list against the houseowner's list.

Number it appropriately.
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answered on Nov 26, 2021 at 09:57
by  
Hi Jeff005,

I have finish yg affidafit with stamp. I plan to submit notis permohonan today.. 

This morning, the same bailiff and security knock my door again. Today with he pass me NOTIS JUALAN. I dont let him in as i have sick children sleeping at ruang tamu. Fever, throat and flu... Hopefully not covid 😔😔



Attach is my Notis Jualan.
Seems like Lelongan Awam will be held at my place base on the letter.
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answered on Nov 26, 2021 at 10:10
by  
I assume the bailiff type the letter at court. But still no official stamp from bailiff or at least mahkamah stamp.

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answered on Nov 26, 2021 at 12:45
by  
edited Nov 26, 2021 at 13:11
by   Ms Zue
Letter stated they are going to lelong in my house. Can they do that?

Can i stop this?

I have contacted few lawyer service. I cant afford it 😭. 

Can any member from this lawyerment forum help me.
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