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Execution of Court Order

1812 Views  ⚫  Asked 4 Years Ago
asked on Nov 27, 2013 at 23:29
by   Bullied
Continued from Judicial Review of Consumer
http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-2569.htm

Dear Notalawyer,
So there are 3 ways:-
1. Writ
2. Garnishment
3. Seizure

Which option do you think is more applicable or that I should try?
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answered on Nov 28, 2013 at 00:18
by   notalawyer
Wrong.

It is

1. WSS
2. Garnishment
3. JDS

WSS seems to be most dramatic.
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answered on Nov 30, 2013 at 01:02
by   Bullied
But is that appropriate here? Maybe option 2 or 3 is better? Can it be done without a lawyer and Com of Oath?
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answered on Nov 30, 2013 at 01:34
by   notalawyer
You don't need a lawyer....

To do WSS, you need to to file a Writ of Seizure and Sale and then get the bailiff to go to the agency office and put stickers on any furniture/equipments you like.

You can put stickers on items valued more than RM 1,800++ because they might sell at a lower than expected value at a public auction. You can even put sticker on a fully paid up company car.

Once stickers are placed, it is an offence to remove that equipment/furniture.
They are then given one more week to pay you RM1,800++ + extra WSS and bailiff costs.
After 1 week is up, you can get the bailiff to go there again with a lorry...
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answered on Nov 30, 2013 at 19:53
by   Bullied
If I file a wss, what can they (the maid agency) do? Can they counter sue me? What is the worst case scenario that could happen to me?
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answered on Nov 30, 2013 at 20:07
by   notalawyer
Can they counter sue me?
No. It was their own doing to decide not to pay you when notice is given to pay up.

What is the worst case scenario that could happen to me?
Nothing.  Even if they win the Judicial Review, they are still liable for all execution costs as "they should have paid you while pending the Judicial Review" because they was no stay order.
You only need to return RM1,800++ plus costs ( decided by Judge ) if they win.

In theory, you could seize an office equipment worth RM 10k, sell it in a public auction at RM 4k and return balance RM 500 to the agency ( after deducting WSS, bailiff and auction costs ).
If this happens, they lose much more than RM 1,800++ and they have nobody else to blame other than themselves for not paying up.
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answered on Dec 1, 2013 at 15:59
by   Bullied
How much is the cost of filing for wss? Is it worth it to do do at this stage? As the case management of the Judicial review is up for mention on 23 dec. Or maybe I should focus my energy on hiw to prepare to fight this Jud Review hearing. If no further delay (i think shouldn't be any), the hearing date should be set then. Will I have to file any futher affidavits in response to their filing of Form 110?

If in event I eventually lose in the Jud Review, not sure what cost the Judge will allocate to them beside the pay back of RM1,892.
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answered on Dec 1, 2013 at 18:58
by   notalawyer
If in event I eventually lose in the Jud Review, not sure what cost the Judge will allocate to them beside the pay back of RM1,892.
Since they haven't paid you RM 1,892, there is nothing to pay back.
Costs could be 2K to 5K.
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answered on Dec 1, 2013 at 19:30
by   Bullied
Will this cost $2k-5k be payable solely by me or shared with the consumer tribunal as they are also respondent?
I will post the Jud Review papers served on me, shortly under the Jud Review thread.
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answered on Dec 2, 2013 at 03:08
by   Bullied
Dear Notalawyer,
I have posted on the previous thread entitled "Judicial Review of Consumer" , the Form 110 & all related docs served on me recently by Applicant's solucitor. Appreciate any advice on how to strategise for the defence. Thanks.
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answered on Dec 5, 2013 at 02:36
by   Bullied
Before I filed at Tribunal Consumer, I had received partial refund cheque. I signed 2 documents:-
1. Payment voucher
2. Letter without letterhead detailing how the refund amount was derived. This letter concluded with the words " I shall have no further claims against the Maid Agency after this refund" - I added the words "without prejudice" next to my signature. Do these 2 words nullify their sentence about my having no further claims against them?
This point very important becoz I studied their amended Judicial Review application. It was filed based on 3 reason:-
1. I already accepted and agreed to the refund. So I should not file at Tribunal. The Trinunal Judge erred in allowing part of my claim.
2. The refund amount was based on the so-call contract of employment- a standard form without letterhead called Surat Pengakuan tendered as exhibit TCE -2. One paragraph mentioned that if the maid runaway (it never mention during maid trial period or after confirmation), I am liable to pay RM2,450. The maid agency argued in their Afidavit that they only deducted RM2,184 as their kos hangus. (Incidentally, they calculated daily wages instead of monthly wages which they should because the maid was already confirmed in employment when she ran away. The contract was silent on when to based on mthly wages but verbally I was told so at the point of signing this ) So I had keadilan and they are the party kerugian. So the Tribunal Judge should not have allowed my claim.
3. The Tribunal Judge erred in awarding the claim to me.
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