Fastest Way to Recover Judgment Debt Writ of Seizure and Sale

WSS-Sell-Your-Debtor's-Goods-WFastest Way to Recover Judgment Debt Writ of Seizure and Sale

Definition  of Writ of Seizure and Sale

The Writ of Seizure and Sale (WSS)  is what we regard as  the most effective  mode for the enforcement of a money judgment.

The writ is a direction to the Sheriff to seize in execution the movable properties of the judgment debtor within Malaysia as may be sufficient to satisfy the amount of the judgment debt, interest and the costs of the execution.

Execution

The WSS will start the execution  by the seizure and thereafter  sale of the judgment  debtor’s  movable  properties.  The sale is   usually by a public auction, conducted by the Sheriff or a licensed  auctioneer which is  sufficient to satisfy the judgment debt and costs of the execution.   An auction is usually conducted 14 days after seizure.

Usually at least one  security personnel  will be posted to ensure that the judgment debtor does not remove the properties seized.

The writ further directs the Sheriff to pay the plaintiff the amount levied (less  his own costs and charges),  state   how he has executed it, and  send a copy of such statement to the plaintiff.

The judgment creditor may  enforce the judgment by way of a winding-up petition against the judgment debtor without first exhausting  other methods of execution.

For disputes on the goods seized click here.

REVIEW BY OUR CLIENTS ON WRIT OF SEIZURE AND SALE

Send in the SEAL Team To Extract Your Lost Funds

 

Reciprocal Enforment of Judgment Obtain In Singapore, United Kingdom, Hong Kong and Other Commonwealth Countries

Can a foreign judgment be enforced in the Malaysian Courts?

The short answer is yes.   Judgment from the United Kingdom, Hong Kong, Singapore and many commonwealth countries may be registered and enforced like a Malaysian Judgment through the Reciprocal Enforcement of Judgment Act 1952 of Malaysia.

Sort Comments

11 Thoughts on Fastest Way to Recover Judgment Debt Writ of Seizure and Sale
    jordan italia
    8 Oct 2016
    12:35pm

    This is really interesting, You’re a very skilled blogger.

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    Oscar Goay
    22 Nov 2016
    12:07am

    Hi Mr Chang

    I wish to ask what is the difference between the writ of seizure and sale and winding up petition particularly in terms of their consequences/ effects. From what I’ve read from your articles, it seems that writ of seizure and sale would be more advantageous to the judgment creditor since it doesn’t have to share the the assets of the company with other creditors. Am I correct by saying that?

    If the answer to the above question is yes, then the next question would be what if I’ve obtained a writ of seizure and sale order from court but other creditors initiate a winding up petition against the debtor company, will my interest based on the writ and seizure and sale order be protected in the sense that I will be given priority to recover the debtor company assets or would I ultimately be ranked as unsecured creditors like others?

    Thank you for your reply

      CHOW
      24 Nov 2016
      2:42pm

      Dear Mr Goay

      Your question is rather complicated to answer in a short post.
      If you whatsapp me your number +6012-2273289, our Mr Chang will ring you to provide you a quick answer.

      Best Regards
      http://alexchanglaw.com/index.php/disclaimer-terms-conditions-website-electronic-communications/

    Anthony
    30 Jun 2017
    12:29pm

    can we seize moveable property such as vehicle?

      CHOW
      10 Jul 2017
      10:42pm

      Dear Anthony

      Thank you for your mail.
      The short answer is Yes, you must first obtain a judgment and there after execute a the Writ of Seizure and Sale on the vehicle.

      Thanks again.
      Best Regards

      Alex Chang
      Alex CHANG & Co
      Cell/ Whatsapp/ Viber +60122273289
      HK: +852-8170-3389
      http://www.AlexChangLaw.com
      http://alexchanglaw.com/index.php/disclaimer-terms-conditions-website-electronic-communications/

    Jay Lee
    7 Mar 2017
    10:39am

    Will the debtor be notified in advance of a writ of seizure and sale? How many days notice?

      Jay Lee
      7 Mar 2017
      5:19pm

      What if there is no one in the house. How can they conduct the WSS

        CHOW
        8 Mar 2017
        4:35pm

        Dear Sir

        1 What if there is no one in the house. How can they conduct the WSS
        Yes it is possible.

        2 Will the bailiff seize items not belonging to the debtor if there is documentary proof.
        The short answer is no. In law there are many exceptions to the general rule.

        3 What happens if the debtor is no longer staying in the house. Can they still conduct the WSS?
        The short answer is no. In law there are many exceptions to the general rule.

        4 Can WSS be conducted if the debtor is already a bankrupt?
        The short answer is Yes and No. In law there are many exceptions to the general rule.

        Thanks
        Best Regards

        Alex Chang
        http://www.AlexChangLaw.com
        http://alexchanglaw.com/index.php/disclaimer-terms-conditions-website-electronic-communications/

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