Enforcement of Judgment Sum via Writ of Seizure & Sale (WSS)
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.
Opportunity to Witness Execution of WSS
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.
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.
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.
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
