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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 26, 2021 at 16:27
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edited Nov 26, 2021 at 17:03
by   jeff005
Ms Zue

Letter stated they are going to lelong in my house. Can they do that?
@ Wytan also kena the same type of notice. I may be out dated and new policies may have the power of the Bailiff to carry this out currently.

My suspicions is that they (Bailiff, Lawyer, Security Guard, workers) would bring a kawan junkie to the lelong and take everything that is in the itemized list. Yours do not have individual items lelong value. @Wytan list have. I suspect it is "lock stock and barrel" Seizure & Sale. Let's tweek this Bailiff.

It has been stated in the "perlaksanaan" that it is an "Public Lelong".
Get 2 or 3 friends and or neighbors (best is Mak Cik with a broom in her hands - no parangs pls). Register with the Bailiff that they are interested in the Lelong. They can bid for those items which you wanted back. If the junkie bids, add RM10 and up it every time junkie bids (those you wanted back). Let them take the rest. It is time to make changes to your house. At least they make 1K.. haha

File the application injunction to stop the Bailiff from taking the property owner's items asap. The Bailiff and his Junkie friend will sure cry. The bank lawyer cannot do anything. After filing, send copies by registered post to the bank, bank lawyer and Bailiff. They might react by pissing inside their pants. The bank may get back less than 1k for their efforts..

Next, exercise your rights that not more than 5 "outsiders" can go into your small apartment according to MoH regulations . Get ready the MoH & PDRM hotline number. Paste it on the walls beegbeeg notis. Even Bailiff have to adhere to crowded spaces. Have some cash too as to pay immediately to the Bailiff (by your friends). Let them take the old sofas and make way for new ones.
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answered on Nov 26, 2021 at 18:38
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During bailif visit, I told him i will go to court in evening. To file my penangguhan. I did show bailiff my affidavit.

Around 3.46pm, he keep calling n wasap me. Asking if i have arrive court. It makes me worried why is he waiting for me. As i should just file penangguhan at the court counter.

I didnt go to court today as i have to add sijil perakuan eksibits on my affidavit. This is base on CoA lawyer. I will apply my penangguhan on monday. 
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answered on Nov 27, 2021 at 00:11
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edited Nov 27, 2021 at 00:26
by   jeff005
Ms Zue

My personal opinion. This afidavit can be written more clearly.

Tambahan :

Your afidavit should not be "penangguhan" (postponement) as the writ service have already been carried out. Write new affidavit and get it signed again..

My suggestions :

.                           AFFIDAVIT
Perkara : Tujuan untuk melepaskan barang barang yang bukan Hak Milik persendirian (Debtor) dari senarai sitaan.

Saya , Penghutang Writ... xxx...   .... ....

Tambah info
** I am a full time housewife looking after 4 school going children age12, 10, 7,  x?. I stopped working 8 years ago. All household products is purchased by my husband for family use (kegunaan sekeluarga).

Ubahan dalam senarai sitaan

1. **Hak Milik Tuan Rumah
2. Kegunaan sekeluarga
3. **Hak Milik Tuan Rumah
4. Kegunaan sekeluarga
5. Kegunaan sekeluarga
6. **Hak Milik Tuan Rumah
7. **Hak Milik Tuan Rumah
8. Kegunaan sekeluarga
9. **Hak Milik Tuan Rumah
10. Untuk Pengajaran dan Perbelajaran di Rumah (PDPR) untuk anak umor12
11. Untuk Pengajaran dan Perbelajaran di Rumah (PDPR) untuk anak umor10
12. Hadiah kepada kanak2 dari Datuk (Grandpa)

Senarai sitaan dari bailif tiada "reserved price", hanya ada Lumpsum sahaja. Saya terdapat sepatutnya ada harga reserved untuk tiap2 barang. Saya dapat sample dari Laman Web untuk  sitaan dari tempat lain . Rujukan di Exhibit "B".



Exhibit A
Tenancy Agreement

Exhibit B
Senarai barang sitaan (Sample from the internet)

Think of ways to improve in your affidavit in your own way.

Cheers..
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answered on Nov 27, 2021 at 00:22
by  
.            Affidavit Tambahan

Perkara : Cadangan untuk penyeselaisan hutang ....

xxxx ................  ..............

Please write urself. My malay very bad.
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answered on Nov 27, 2021 at 00:37
by  
Hi Mr. Jeff005 

Perkara : Tujuan untuk melepaskan barang barang yang bukan Hak Milik persendirian (Debtor) dari senarai sitaan. 
Understand it more clearly now. Appreciate it so much. May your Lord Buddha bless you with all his kindness....

Perkara : Cadangan untuk penyeselaisan hutang .... 
I will draft it and show you before Monday.

Tq so much.
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answered on Nov 27, 2021 at 00:41
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edited Nov 27, 2021 at 00:43
by   jeff005
It makes me worried why is he waiting for me
Love is blind, maybe he is waiting to ask you for a date?

It actually shows that your affidavit to be filed is going to the correct direction. He is more scared of you than you are scared of the WSS.

There could be mistakes made during the service of the writ, somehow.. 

This is the first time a debtor is fighting against a WSS to be documented in full in this forum.

Syabas... May ALLAH bless you and your family all the time.
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answered on Nov 27, 2021 at 07:17
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Love is blind, maybe he is waiting to ask you for a date? 
Nyonya tua already la....

This is the first time a debtor is fighting against a WSS to be documented in full in this forum. 
Hopefully it will help others like me in future.

Tq for your guidence.
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answered on Nov 27, 2021 at 08:47
by  
Hi mr. Jeff005,

exercise your rights that not more than 5 
"outsiders" can go into your small apartment according to MoH regulations
Lelongan awam will be held at my house. There will be outsider come to my house since this is lelongan awam. My family will be in risk of covid. Can i write in my affidavit ?
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answered on Nov 27, 2021 at 11:08
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edited Nov 27, 2021 at 11:12
by   jeff005
It is a very good point. It may work for @Wytan's case but can backfire as in your case. Will explain later, m in wet market now.
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answered on Nov 27, 2021 at 11:13
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Focus on your urgent valid points. Go print the exhibit "B".
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