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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 27, 2021 at 12:23
by  
Focus on your urgent valid points. Go print the exhibit "B".
Ok

It may work for @Wytan's case
Need to wait for Notis Jualan. To confirm location of his lelongan 

can backfire as in your case. Will explain later
Ok
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answered on Nov 27, 2021 at 15:28
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edited Nov 27, 2021 at 15:32
by   jeff005
Ms Zue

Quote : this is lelongan awam. My family will be in risk of covid. Can i write in my affidavit ?

In filing one affidavit, it is best to bring out the strongest valid points so that the Magistrate understand what you are requesting for. Too many points will confuse the Judge and contentious reasons will /can lead the bank's lawyer to "bantahan" your affidavit. Lawyers may advise you to write as many reasons as you can as you can find in many examples, so did those people win their cases?

Your case, main purpose is :

1. File an application to stop the bailiff from seizing house-owner's assets. You are not stopping the WSS.

2. To file a "voluntary settlement" offer to the bank. The bank have to acknowledge and reply officially via the court systems. Whether the bank accept or reject is another matter. You have done your part to try to settle your debt within yours means. Lu tak buat bodoh.

3. For your case, if you invoke "Social gathering" issue, the bank or even the Bailiff can file for "postponement" which will delay your case, but you will still have sleepless night till when? It is very stressful. I understand very well as I have been thru debts issues too. Might as well tendang the bola back to the bank now. The Bailiff can postpone to another date and will come again with a new seize and sale on a new date. Stressful right?

4. If the bank allows the "voluntary settlement", due to time factor, they will postpone the 3rd Dec date. And if there is a successful settlement agreement, it would auto cancel this WSS. What my suggestion is to kill the mocking bird with 2 stones, thrown at them.

5. In @Wytan case, the occupants of the house can complain about the auction to be conducted there as the location concerned has elderly folks and children and he is no longer living there. He personally has no valid reasons too.
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answered on Nov 27, 2021 at 15:42
by  
Understand!!!!

I wont mess it with other issue... Focus on main issue
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answered on Nov 29, 2021 at 17:00
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edited Nov 29, 2021 at 18:42
by   Ms Zue
Hi jeff005,

I have filed my afidavit today. My hearing is tomorrow morning.... Wish me luck...☀☀☀
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answered on Nov 29, 2021 at 19:47
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edited Nov 29, 2021 at 20:22
by   jeff005
@ Ms Zue

Great News.. !!
Best of Luck for the 3 applications in one go.

Let me tick off and recap on the following procedures carried out :

A. Notis Permohonan

1. Affidavit Sokongan 1 
(- for removal of houseowner's assets from to be seized items list)
(- Debtor's Rights for Relief under Debtors Act 1957)

2. Affidavit Sokongan 2
(- To set aside /mengetepikan the Perlaksanaan Notis Seizure and Notis Leleong Awam)
(-  By the application of the 6 years Limitation Act 1953 on Judgment Debt)

3.  Affidavit Tambahan
(- Debtor's offer for full settlement of debt)

Hearing Date given for this pemohonan : 30th Nov 2021.

Zue.. remember hard (you can bring notes) into the Magistrate's Room (it is Dalam Kamar) the following :

1. The Writ WSS = sah (masih dalam 6 tahun)

2. The Perlaksanaan = Tidak sah. Sudah melebehi 6 tahun.

An action carried out by the Judgement Creditor on the Judgement Debtor must be within 6 years.

Permohonan WSS by bank = Ex parte Application (Dec 2020)

Perlaksanaan (Nov 2021) = [Execution / Implementation of WSS , the service of writ, service of Notis Penyitaan, service of Notis Penjualan are actions carried out].

This is my personal Interpretation.

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answered on Nov 29, 2021 at 20:29
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Tq Mr. Jeff005 for highlight on the expiring date of 6years on penghakiman ingkar. Hopefully this will be the main reason to stop this seizure.

Tq as this maybe a fullstop for bank to take any legal action on me

Tq for helping me prepare Notis Permohonan in short notice as i never see or done this document before

Tq for your kind note for tomorrow, will write it down so i wont get confius.
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answered on Nov 29, 2021 at 20:38
by  
Yes. For affidavit sokongan 1.
I attach My tenancy agreement with inventory list (eksibit A)

I have to prepare Sijil Perakuan Eksibit. Endorse by C.Oath in order to attach Eksibit A into my affidavit

I also attach eksibit B doc by wytan, 

According to c.oath i should make 2 sijil. 
1 for eksibit A and 1 for eksibit B

But c.oath bagi muka to me, and endorse it. 
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answered on Nov 29, 2021 at 21:57
by  
edited Nov 29, 2021 at 22:21
by   jeff005


SAMPLE FILED IN THE AFFIDAVIT

How to describe items in a Sita List.

None of the above are "personal effects /assets" of the debtor.
Some to be sita items listed are purchased by the Father of the Family for family use (kegunaan sekeluarga) and the debtor have not work for the past 8 years.

Be reasonable with common sense, mother of 4 children have time for play station games?? Surely it is not her asset. How many mak cik does that?

Taking the computers being used for the children education (as required during this pandemic by the Ministry of Education) is real distasteful and is over a red line. WSS is not carried out to compound the misery of the other members of the family especially towards innocent children. It is however up the the Honorable Hakim to decide as to what is seizable and what is not.
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answered on Nov 30, 2021 at 12:57
by  
Hi jeff005,

I have finish my hearing today

Bank lawyer with bantahan

1. I cannot file pelepasan on behalf of my landlord. My landlord should do it.

2. Bantah court to ketepikan my writ pelaksanaan as my wss is valid. (2015-2020)

3. Not accept my settlement as my alasan is not valid.

Lawyer purpose penangguhan. To for them to reply my affidavit. Hakim allow to next hearing.

Bailiff confirm no lelongan awam on 3dec. He say tangguh.

Next hearing 29dec. Wish me luck.
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answered on Nov 30, 2021 at 14:08
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edited Nov 30, 2021 at 14:14
by   Tanavaroot

This is my comment.. !!

Qs..
1. Who gave the date 29 Dec, lawyer or the Judge?

2. If the lawyer's bantahan is successful, why the need for a new date?
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