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Writ penyitaan dan penjualan

2580 Views  ⚫  Asked 10 Months Ago
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 Dec 28, 2021 at 20:14
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Hi jeff005,

I'll forever be grateful for the encouragement you gave me when I needed it. 

Will update u tomorrow.
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answered on Dec 29, 2021 at 13:30
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edited Dec 29, 2021 at 13:40
by   Tanavaroot


Hurricane Kajang News - 
Bencana di Mahkamah Kajang..

Case WSS postponed by the bank's lawyer for 28 days (again - twice).. !!

Bole Puan Zue ceritakan reaksi Lawyer dan Tuan Hakim atas prosiding pagi ni..???
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answered on Dec 29, 2021 at 13:58
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edited Dec 29, 2021 at 14:00
by   Ms Zue
Hi tanavaroot,

It was a very fast hearing. Less than 5mint.
Lawyer ask for 14day to reply hujah.

I was blur2 that time... As i dont know what is hujah. Hakim was just is front me. Maybe he also see my blur face.

Then judge repeat to me "Ms zue, kita telah terima document dr bank dan ms zue. Tunggu pihak bank untuk hujah pada 14jan. Kemudian Ms zue datang semula ke mahkamah pada 28jan untuk dengar keputusan. Ms zue tidak perlu buat apa-apa."

I still blur2 but I bow to the judge and make a move.
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answered on Dec 29, 2021 at 15:07
by  
Hi Ms Zue..

Many thanks for sharing here for the benefits of other possible victims.

Note that this is my personal view with no references to others :

1. So today is not a postponement, rather the lawyer requested for a last hearing session for his "hujahan". It also can mean that the bank have no intention to reply to your latest afidavit reply.

If I translate correctly, "Hujahan" in Thai English is "Submission" to the case. This submission is the last official filing for the case which does not need the verification of a CoOaths.

It is a summary of valid relevant points tendered within all the filed affidavits by both parties. 

Hujahan by bank (as in this case), usually bantai U, bantahan, cacat etc etc.

In most cases, you will also need to file one as you are the creator of this permohonan.

If the Hakim says "Ms zue tidak perlu buat apa-apa".. then very good, it can mean that the Hakim as today have already have a "keputusan" (verdict in hands). But have to allow the bank to make good their hujahan. By mentioning U tak pernah buat ape2, it could mean that what ever you have filed have merits and the verdict could be actually in ur favor. (Good News).

If inside the bank's hujahan, there are nonsense written again, before the start of the hearing, inform the pendaftar inside the court room that you would like to present a "Hujahan Secara Lisan". I will write more later.
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answered on Dec 29, 2021 at 15:28
by  
"Hujahan Secara Lisan"

There is both written (by filing) and oral "secara lisan" (usually if the bank filed late or you received late). Written must be filed 14 days before the last hearing. Actually in practice, both parties must filed on /or the last date filing to avoid contentious issues surfacing. Both parties must receive the submission properly (served to each other).

If you are in a position for Hajahan Secara Lisan (to be approved by the Hakim), my suggestions would be on 4 points.

1. Acceptance of the filing of the tenancy agreement and the acceptance of the extension validity period of the agreement "secara lisan" (verbal), by both Tuan Rumah and Penyewa.

2. The court to cacat /mengetepikan Writ Perlaksanaan dengan sebab tidak bole di laksakan mengikut ROC2012 (6 years limitation).

3. Writ WSS xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

4. Kos Mahkamah di bagi kepada Penghutang.

Note (3) depends what was written inside the bank's hujahan. I will reveal what it is after you have posted the bank's hujahan here.

As in poker games, point (3) above is your the last wildcard, the joker's card which can be used or not used depending on situations.

If (2) above is successful, point (1) actually become irrelevant.

That's all.. The prize can be presumed, is already in ur hands...
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answered on Dec 29, 2021 at 16:57
by  
Hi tanavaroot,

Tq for detail explanation. Understand clearly your 4 important point.

Drag by lawyer makes me tired. Waiting to be called for hearing makes me sleepy... Listening to other people case makes my heart crush of sympatic.

Hoping 28.01 will really be the last.
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answered on Dec 29, 2021 at 23:05
by  
Nota :

Hoping 28.01 will really be the last.
The lawyer requested it to be last.

In the hujahan, for the penghutang

State what you want with law facts.. no speculation nor assumptions. The lawyer have made too many assumptions, so now he is in trouble.
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answered on Jan 27, 2022 at 18:17
by  


Secret weapon (just in case)

The WSS issued in Dec2020 has already expired.

Perlaksanaan  cannot be continued as you were not informed of any extension. You have to informed officially of the extension as this case is already on TRIAL in court.

Moreover, you were not given a copy of the hujahan (if any) by the bank lawyer.
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answered on Jan 27, 2022 at 20:06
by  
Hi Ms Zue..

Tomorrow hearing, normally the bank lawyer will start talking first, reading his hujahan. Then the Judge "may" ask if you have anything to say. So you have to pay attention to what what was spoken by the lawyer. You may take notes.

The Hakim "may" ask if you have anything to say.

Just say 
1. You did not receive the hujahan from the bank.
2. The WSS has already expired dec 2021
3. Request to set aside the "Perlaksanaan" and WSS as both have already expired.
4. Request for kos Mahkamah to be paid to you.

Remember, you must ask for the kos mahkamah before the Hakim bang his Mallet on the table (or he may throw it at the lawyer for wasting courts time).





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answered on Jan 27, 2022 at 20:52
by  
Hi jeff005,

Yes. Tomorrow suppose to be the last hearing. Butterfly in stomach has started since yesterday.

And again i will be hearing all other jenayah cases, sure crush my heart of sympatic.

Tq for your 4 notes. Will update u tomorrow.
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