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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
An Opportunity to Witness the Execution of a WSS by Tan Jo Lynn
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.
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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
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/
can we seize moveable property such as vehicle?
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/
Will the debtor be notified in advance of a writ of seizure and sale? How many days notice?
What if there is no one in the house. How can they conduct the WSS
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/
Dear Sir
Thank you for your mail.
Usually the debtor will NOT be notified in advance.
Thanks
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/