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Writ Sita wss recieve but I am not staying with parent for many year

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asked on Nov 25, 2021 at 01:08
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Dear sir / madam
I do recieve call from parent at my hometown regarding saman writ Sita wss , they bringing Tukang kunci and break into parents home to do the wss listing for Sita again me. My question is , is it true they can Sita the things , but the thing is not belonging to me , is my old parent buy it for many years ago. Please advised what shall I do ? Is been a hardtime for me, I lost in my business and can’t paid up any of the bank that i owe, I chose to escape, but I know that I am doing the wrong, and want to stand up and facing the trouble that I had made and let my old parent won’t get stress from bank.
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answered on Nov 25, 2021 at 11:59
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answered on Nov 25, 2021 at 12:06
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edited Nov 25, 2021 at 12:07
by   jeff005
@ Wytan

Please post a copy of the Writ and itemized goods here for confirmation.

(U may delete the name and address but post a clear pic with current date).

My question is , is it true they can Sita the things
The brutal truth is  < YES > if you have a lawsuit from the bank before that makes you a Judgement Debtor. The WSS is on your movable assets only.

Read here for further information on WSS :-

https://www.lawyerment.com/answers/questions/14080/writ-penyitaan-dan-penjualan
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answered on Nov 25, 2021 at 12:25
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Dear Jeff , they pop in with tukang kunci and list the things belong to my parent , they are the property owner, I am move out 5years ago , so they still can proceed the wss?  What shall I do next ? Keep calling bank but no one can give me response ?
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answered on Nov 25, 2021 at 14:31
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edited Nov 25, 2021 at 14:55
by   jeff005
@ Wytan

TQvm for accommodating to my requests for complete docs.

My comments :

.” Houston, we have a problem “

It appears that the banks have applied for a WSS Writ earlier on, the current one was more than a year ago, waiting for the correct time to serve (execute it).

@ Ms Zue writ was dated more than a year ago. There could be an extension applied for. There are more cases going to be posted here soon (same as this current case).

Although in practice, it is not viable to initiate a WRIT WSS, it is mainly done to intimidate the occupants (usually aged parents). This where the issues starts : 

To contest this writ or not to. Only the named debtor in the writ can do so in court within 14 days as stated in the writ. While filing one affidavit to state that the debtor is no longer living in that house (with proof), the debtor have to file his/her current address and contact number, otherwise it is contempt of court and can be jailed. Meanwhile, the house occupants have to file a supporting affidavit that the itemized goods were purchased by them (with receipts and mode /proof of purchase, online or otherwise).
 

The named debtor meanwhile would have exposed current address and contact number, the the bank ”may” apply for another Writ WSS and even apply for JDS (Judgment Debtor Summons).

Wytan

While it is your very own perogative and decision as to whether to contest this writ, you need to weigh in the pros and cons in doing so. There is actually non functional to call the bank unless you decide to pay the Judgment Sum or be able to make an instalment plan. Asking for discounts will not be entertained as the bank have a noose over your neck now.

What has been done cannot be undone as you have used your parents house as "residence" and did not update the creditor bank when you have moved away. The bank would not be stupid to act as such if the laws is not on their side,

However, it would still be prudent to check the authenticity of this Writ by going to the courts yourself as @MsZue have done.

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answered on Nov 25, 2021 at 16:29
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Repost :

WHAT DO I DO WITH COURT ORDER?
When you obtained a judgment against the opposing party, you are first required to serve the judgment.

Upon receiving the judgment, the opposing party must obey the terms ordered against him/her by the Court.

If the opposing party fails or refuses to comply with the order, our legal system provides several types of enforcement procedures.

 
ENFORCEMENT OF JUDGMENT
Judgment Debtor Summons
i) If you are enforcing the judgment you are referred to as the judgement creditor and the opposing party as the judgment debtor.
ii) This is an application which can be used for discovery of information on the assets and financial means of the judgment debtor.
iii) The judgment debtor will be called to appear before the Judge/Magistrate.
iv) The Court can order the judgment debtor to pay the judgement sum either in one lump sum or instalments.
v) If the judgment debtor fails to comply with the Court order, he will be called upon again to show cause why he should not be imprisoned.
 
Writ of Seizure and Sale
i) This application is applicable to movable properties.
ii) The Court will command the Sheriff or Bailiff to seize and sell of the property of the judgment debtor to satisfy the judgment sum due.
iii) This process will be carried out through an auction of the seized items.
iv) The proceeds will be channeled to the Judgement Creditor.
 
Writ of Possession
i) This application is exclusively for immovable properties.
ii) The Court directs the Sheriff/Bailiff to enter and take possession of the Judgment Debtor’s property.
iii) The seized property will be auctioned off to satisfy the judgment debt.
 
Garnishee Proceedings
i) A Garnishee application may be applied to attach monies owed from a judgment debtor’s bank account to satisfy the sum due.
ii) The Court will order the judgment debtor’s banks to attach whatever amount in the judgment debtor’s bank account to satisfy the judgment debt owed to the judgment creditor.
iii) In the first process the judgment creditor may obtain an order to attach/ freeze the judgment debtor’s bank account. iv) In the second stage the Court will order the Bank to remit the monies in the account to the judgement creditor to satisfy the judgment.
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answered on Nov 25, 2021 at 21:35
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Dear Jeff , please lend me your opinion , I decided to go tru akpk, but not sure am I qualify , because I have many debt with different bank . Before the akpk , I shall call bank to do the installment ,I don’t want them to threaten my parent, after wait for akpk to find the solution ? Or I need to pop to makamah to ask the wss writ , and bring it to makamah again ? 
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answered on Nov 25, 2021 at 23:07
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@ Wytan

It takes too long for AKPK to approve the DMP.
You may not have enuf time.
Only choice is to nego with the bank.

Read and try to understand what I have taught @ Ms Zue.

Try AKPK tomorrow if you are in gainful employment.

Can your parent produce receipts of purchase?
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answered on Nov 26, 2021 at 00:32
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Dear Jeff 

From what I understand on mszue case
You have to file an affidavit with reference to this WSS on same makamah to make the time extend?

One can contest this writ in 14 days. 
Since not all the itemized goods are yours, you may have to file an "Interlocutory Injunction application" to court to stop the seizure. 

Am I rite ? 
But all of the goods are long time ago more then 7year they bought some even 10years , only a 2nd tv they just bought . Dear Jeff may I know why the house owner item can be Sita by them , I am not the owner the house I got no name? Parent Still need to show makamah the receipt ? 

I go to akpk is because of my other loan with bank also more then 1year no paid due to lost on business and this COVID pandemic , I don’t want wss to happen again , but I not sure am I qualify , I am just a day paid worker. 
I rather chose to be fail bankrupt, because I scare akpk will Tekan me to paid many for every month. Only a loan with bank is more then 50k , all add in together then got 100k , am I qualify for bankruptcy?

Copy from mszue case
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).
Can I try this ? And how to file in court? 

Dear Jeff 
I should attend to court if I recieve any of the court case letter , and talk in the court rite? So it won’t happen wss case again , I don’t mind they suit bankruptcy , because really a hard time for me .
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answered on Nov 26, 2021 at 00:45
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Dear Jeff , 

I read this Insolensi Ipoh from previous post , can i try this way ? For the time being I nego with bank first and try the isolensi? Rm300 I can afford every month 
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answered on Nov 26, 2021 at 15:52
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edited Nov 26, 2021 at 15:57
by   jeff005
@ Wytan

Please read @MsZue WSS case carefully all over again and my comments on her case. Not all cases is the same. Hers is a rented place with "furnishings" and is documented with a tenancy agreement. Her applicant to is stop the "seizure" of the landlord's things, not her things. She is actually allowing the Bailiff to seize "her" things as in itemized list.

Being owner of the house does not mean are the occupants of the house. Some properties are purchased by people for investment purposes (rental income).

may I know why the house owner item can be Sita by them , I am not the owner the house I got no name?
You have given the bank this address and hence is an occupant of this house. The laws allows the owner of the itemized items to regain ownership by producing evidence of ownership in court (against this WSS writ).

The laws says, a debtor have to notify the creditor of any changes of address. So, the bank has done no wrong for the WSS.

I don’t want wss to happen again
Then update your current address to the banks that you owe moneys.. !! And then face the WSS (if any) yourself.

For my own case, I am renting a room from my eldest son. All "assets" in the house are bought by his credit cards. So, if the bank wants to WSS me, go ahead. He has a tenancy agreement that it is a "furnished" rental property.

I rather chose to be fail bankrupt
You can also chose the Self Bankruptcy option too (if you qualify). Ask Qs under this following thread.

Ref : https://www.lawyerment.com/answers/questions/9908/debtors-petition-self-application-for-bankruptcy

Can I try this ? And how to file in court? 
There is no harm in trying with different amounts. There is no law against it. You would not be jailed in court for making a voluntary settlement with the bank. It is up to the bank (if you can make a reasonable repayment schedule to settle the debt) to accept  or reject. The bank can make a counter offer. Just make use of the WSS writ for additional applications only.

Follow @Ms Zue thread closely. She is filing in court these few days.

Quote :
I read this Insolensi Ipoh from previous post , can i try this way ? For the time being I nego with bank first and try the isolensi? Rm300 I can afford every month

I have no idea what was being referred to..!!

I should attend to court if I recieve any of the court case letter , and talk in the court rite?
Yes, attend all hearings in court personally or else you can lose out badly in the lawsuit.

Alternatively you can engage a lawyer to attend for you.
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