An Opportunity To Witness The Execution Of A Writ Of Seizure And Sale By Tan Jo Lynn

Chinese 中文

English Version

一次见证执行扣押和出售令状的机会—Tan Jo Lynn

Enforcement of Judgment Sum via Writ of Seizure & Sale (WSS)

依据扣押和出售令状执行的判决金额

Once judgment is obtained in your favour against the Judgment Debtor, the Judgment Debtor shall obey the terms of judgment and where debt and other costs are to be paid by the Judgment Debtor, the party shall settle the judgment sum. Upon failure to do so, the Judgment Creditor may file an application for writ of seizure and sale whereby once application is granted, the Bailiff would seize and sell off the Judgment Debtor’s property to satisfy the judgment sum. Once to property is sold off, the proceed would go to the Judgment Creditor.

一旦取得了针对判决债务人对您有利的判决,应遵守判决条款,债务和其他费用将由判定债务人支付,当事人应结清判决金额。如若不然,判决债权人可以提交扣押和出售的申请,一旦申请被批准,法警将扣押并变卖判决债务人的财产以支付判决金额。财产被变卖后,所得将归判决债权人所有。

Opportunity to Witness Execution of WSS

见证执行扣押和出售令状的机会

The case concerned a supplier who supplied medical supplies to the debtor’s pharmacy. Judgment was obtained against the debtor which led to the enforcement of judgment sum in the form of writ of seizure and sale.

此案涉及一名供应医疗用品予债务人药房的供应商。已取得针对债务人的判决导致以扣押和出售令状的形式执行收复判决金额。

At the beginning, the situation was intense as when the Bailiff informed the debtor of the execution the debtor seemed shocked and anxious and claimed that she did not expect any form of execution. She became hard to deal with when she refused to write her details and sign a form. She came up with different kinds of excuses such as, she did not understand what is stated in the form. Fellow pupil and I tried explaining to her the contents of the form. Also, she said that she wasn’t able to write as her hands were trembling. We then asked her to stamp her thumb print on the form as she refused to write her name in the form. I personally think that all those dramas were intentionally done by her to delay time. Nonetheless, work still has to be done so after some negotiations and telephone calls to our Mr Alex Chang, she finally cooperated with us. She signed documents needed to be signed and even wrote a lengthy written statement that we asked her to in order to show that she agreed to the settlement terms without any apparent physical disabilities and she spoke to us fluently without any impediments.

起初,情况相当紧张,当法警通知债务人他将执行扣押和出售时,债务人看起来受到了惊吓和恐慌并声称自己并不希望自己的财产遭到任何的扣押和出售。她变得难以沟通,也拒绝了写下自己的详细资料和签署表格。她给出了各种借口,例如,他不明白表格上的内容。我和几位学徒尝试向她解释表格内的内容。而且,她也说她无法写字,因为她的手在颤抖。之后,既然她不想在表格上写上名字,我们要求他在表格上盖姆指印。我个人认为这些剧情是她故意用来拖延时间。尽管如此,工作还是必须要完成,在几经谈判并致电我们的Alex Chang 先生后,她终于与我们合作。她签署了应被签署的文件甚至写下了我们所要求的一段冗长的书面声明来表面他在没有任何身体残疾,流利的交谈并且没有任何障碍的前提下同意了和解条款。

As she wanted a settlement, we contacted Mr Alex Chang so that he could give us further instructions on how to proceed the matter. Mr Alex Chang proposed that she pays the total judgment sum on the spot but she claimed that she could only transfer a certain amount through online banking. Well, wise of Mr Alex Chang to subsequently propose that she pays a certain amount of sum over a certain period of time while the seizure still proceed. The terms agreed was that the debtor was to pay the full amount over a period of time including interests and costs failure to do so within the time period will cause the Judgment Debtor’s seized items to be auctioned and proceeds from the auction will go to the Judgment Creditor.

基于他想要一个和解方案,我们致电Alex Chang先生以便他能提供我们关于如何处理这件事更进一步的指示。Alex Chang先生提议她可当场支付总判决金额但她表面她只能通过线上银行转账部分金额。嗯,明智的张先生随后提议她在一段时间内支付一定数额的款项,但扣押仍在进行中。约定好的条款是债务人必须在一定的时间内支付包括利息和其他费用在内的总判决金额,如果不在期限内这么做,这将导致判决债务人的财产被扣押随后拍卖,而拍卖所得将有判决债权人拥有。

The Bailiff then proceeded to list down the items that were to be seized on his inventory list. The items on the list are mostly furniture such as cupboards, shelves and table fan. Then after, some documents were signed. Hopefully she fulfils her obligation to pay up the settlement sum. Else, the seized items would be up for auction on a particular date as fixed by the Bailiff. Tan Jo Lynn

接着,法警在她的库存清单里列下了将被扣押的物品。在列表上的物品多数是橱柜,货架和台扇。之后,她也签署了一些文件。希望她能履行她的义务,支付和解总金额。否则,被扣押的物品将会在由法警所定的日子进行拍卖。Tan Jo Lynn

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