Writ Seizure Sale Dispute Ownership Goods Seized

Law In Malaysia and Legal Tips Writ of Seizure and Sale

February 22, 2015September 11, 2018 Alex Chang4 Comments

A Sheriff of the Sessions Court executed a Writ of Seizure and Sale in the enforcement of a Judgment on the goods of a Judgment Debtor.

A claimant produced a deed of sale claiming ownership of certain goods seized. Therefore there was a dispute on the ownership of the goods seized, whether they belonged to the Judgment Debtor.

The court held that the Deed of Sale produced by the claimant was an after thought and dismissed the claim of the claimant for the ownership of the seized goods.

Authority in Point:

KHATHERESEN DORAISAMY v. LEE HOCK KIM & ANOR [2014] 1 LNS 93

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Alex Chang

Queen Mary College London LLB Hons advocate and solicitor

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4 Thoughts on Writ Seizure Sale Dispute Ownership Goods Seized

SONG MENG KONG

7 Sep 2016

11:38am

1. I have received call from someone whom identified himself as “representative from Maybank”; but I called up Maybank they told me that there is no such record to call me.

2. So I believe he might be the outsourced company’s representative.

3. He told me that they have a Writ of Seizure and Sale (WSS) warrant.

4. I am staying with my parents and nothing in the house belong to me, will the WSS will be valid?

Hope to receive your professional advise.

Alex Chang

8 Sep 2016

10:43pm

Hi Mr Song
1. You need to call the legal department of the bank to find out if they have taken any action against you. If you have an account with the bank you should know if you are in default.

2. Did you receive any summons? A WSS cannot be executed without obtaining a judgment. The persons calling you will most likely be the lawyers instead of some out sourced company.

Hope this clarifies.