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.
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.