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WSS ( Writ of Seizure and Sale ) ( Writ Penyitaan dan Jualan) How to Deal with it and the Procedures in Court

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asked on Dec 2, 2021 at 11:01
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edited on Dec 2, 2021 at 11:04
by   jeff005
Read the following on going current cases before proceeding 

https://www.lawyerment.com/answers/questions/14080/writ-penyitaan-dan-penjualan

https://www.lawyerment.com/answers/questions/14086/writ-sita-wss-recieve-but-i-am-not-staying-with-parent-for-many-year
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6 Answers

answered on Dec 2, 2021 at 11:18
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First understand what is WSS
Writ of Seizure and Sale.
The procedures :

1. Serve Writ by Bailiff (First step)

2. Seizure of the listed items (next step)

3. Sale of seized goods (final step)

One can contest this writ before 14 days.

Requirements

4. Bailiff to serve writ

5. Bailiff to serve Notice of Seizure 
(7 days after service of writ)

6. Bailiff to serve Notice of sale (Auction /Lelong)
(7 days after service of writ)

Note (5) & (6) above can served at the same time.

Notice of sale will have to state date, time and location of sale (tempat lelong). It can be at place of seizure.

Seizure can be only carried out after 14 days of service of writ WSS.
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answered on Dec 2, 2021 at 11:41
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edited Dec 2, 2021 at 12:03
by   jeff005
Limitations of WSS

The debtor must be declared in a Court of Law as a Judgement Debtor - JD ( Perintah Penghutang)

The Debt is known as Judgment Debt - JDebt

Limitation Act 2018

The Judgment Debt (any type) have a validity period of 12 years for further action/s in court.

Ref :

https://www.lawyerment.com/answers/questions/13945/what-is-a-judgement-debt-the-applications-and-implications-what-is-the-effects

Rules of Court 2012 Limitation

Under ROC 2012 any action ( Perlaksanaan Penyitaan dan Jualan ), cannot be carried out after Judgment Date ( Penghakiman Mahkamah / Ingkar) after 6 years.

Take serious notes of the above.

In other words, a WSS can be applied after 6 years (before 12 years) but the seizure and and sale cannot be carried out. There are different types of JDebt and modes of execution. This article is for WSS.

The validity period of writ WSS is 1 year.

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answered on Dec 2, 2021 at 15:18
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Other Information :





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answered on Dec 2, 2021 at 15:31
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edited Dec 2, 2021 at 15:35
by   jeff005
More Information

In the event that the debtor disagree with the reserved price of the seized items, the Bailiff will file one " Interplider Application " to protect himself from lawsuits from the debtor (maybe for "too low" personal valuations).



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answered on Dec 7, 2021 at 23:30
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answered on Dec 31, 2021 at 13:32
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Penyitaan Rumah Penghutang secara "usung rumah" pada zaman dahulu diKedah..



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Penyitaan Rumah Penghutang di Thailand pada zaman sekarang



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Penyitaan barang2 persendirian Penghutang secara Writ Penyitaan zaman sekarang..



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