Writ penyitaan dan penjualan

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asked on Nov 19, 2021 at 16:50
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 Jan 27, 2022 at 22:01
edited Jan 27, 2022 at 22:07
by   jeff005
@ Ms Zue

Just remember to speak with confidence in front of the Hakim.

Remember also the following points

1.  The "Perlaksanaan" cannot be carried out after the expiry of 6 years from date of Judgment Debt.

2. The bank's pemohonan of the writ WSS is valid as it is on Dec 30th 2020 until Dec 30th 2021. Your hearing on 29th Dec 2021 and you cannot dispute it at that point of time.

3. Today is 28th Jan 2022, the WSS writ has expired (validity period of 1 year), unless it has been extended with proof from the bank's lawyer. And this time you must be served notice of the pemohonan of the bank.

There are two separate points to contest the lawsuit.

a) Expiry of "perlaksanaan" after 6 years of Judgment Debt date.

b) Expiry of writ WSS after 1 year from date of issuance (unless extension have been approved by the Court.

No worries.. in my personal opinion, U have WON..

bila kenduri using the kos mahkamah awarded to U.. ?

Normally ask for RM1,000 but if you want to be an alligator (buaya darat), ask for Rm 2,000 and the Hakim may discount it to 1K.. 

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answered on Jan 28, 2022 at 13:40
General Notice

The case is not over yet
It is still ongoing..
There will a update once the case is truly over.
My suspicions is that the bank lawyer is reading this thread.
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answered on Apr 28, 2022 at 23:25
edited Apr 28, 2022 at 23:52
by   jeff005
.......  UPDATE   ......

Perlaksaan Lelong (Writ of Sale) will finally be carried out next month after 5 months of "fight".

The fight was not lost due to laws of WSS but due to technical error of the responden and The Judge misguidance... !!

Will write about it after the Lelong is over.

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answered on Jun 15, 2022 at 15:53
Hi Jeff,

It's quite sometimes since i update here.

It was a misunderstanding with judge, leads me on losing this case. Judge award winning to bank lawyer due to my incomplete document. Nevermind since im not even a lawyer and i represent myself. My JD is already over 6years limitation. This should be my last writ sita.

In court, judge instruct bank lawyer to proceed with sita. I did not nego with bank as im ready for bank to take my item. I want to buy new stuff for replacement hahahaha

My 1st date of lelongan was held 1week after raya. Only 1 bidder attend this lelong. He offer very low price. I agree with it since i want to clear out this item hahahaha.... However, bank refuse the offer. Bailif have no choice to call it off. Bailif inform me that he will arrange 2nd date soon.

Today is my 2nd date on lelong... Not so soon right?
Today is another failure as there is no bidder show up. Bailif say there will be another date as long bank willing to pay the cost. 

So... No choice stuff back all item in store. Wait for next date. 
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answered on Dec 7, 2022 at 15:25
Today reply will be the ending for my sita (wss) kes.

My 3rd (last) lelongan was held on july 2022. On that day. There is still no bidder attending the lelongan. 
while Bank lawyer was checking on the item, i talk to bailif. Not to drag on 4th date of lelongan. But bailif reply me. There will be NO 4th lelongan. 
According bailif, bank have to apply new wss and get approval from hakim. Then only can issue new wss. New kes number.. Bailif told me he will update if there is any news on this case.

Since last 3 month, i've try to call/wasap bailif. He didnot reply me. 
Yesterday i go kaunter mahkamah to check on my case. 
According to the counter staff, my kes has been withdrawn by bank lawyer. The case is closed. 
I ask the staff can i buang/jual the sita item. He also not sure on that... So thats it.

Dear jeff,
Thank you. May your life's journey be blessed and accurate with divine health that leads to happiness forever. 
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answered on Dec 7, 2022 at 22:00
edited Jan 10, 2023 at 04:33
@ Ms Zue

Many thanks for the update.

We learnt many procedures of WSS together..  rite?

my kes has been withdrawn by bank lawyer.
If withdrawn means that the benk can never apply again.


Many thanks for your Blessings. Much appreciated.

I have survived the first round of colorectal cancer, I would live again for the next few years.. Cheers.. Darl..
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