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Writ Seizure Sale Dispute Ownership Goods Seized

Law In Malaysia and Legal Tips Writ of Seizure and Sale

“Versi Bahasa Malaysia”

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
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.

    muhammad
    23 Feb 2021
    3:44pm

    Can bailiff proceed the WSS if only JD’s son aged 13 (minor) in the house at that time?
    If cannot, which regulation says so?

      Louisa Chang
      24 Feb 2021
      12:23pm

      Dear Sir

      This is a tough question, can the boy understand what is going on?

      If he can, and opens the door, all the bailiff does it to take
      inventory and no auction will take place on the execution date.

      Second part is whether there is a forcible entry order to force open
      whether there is someone there or not.

      We need more information, please whatsapp us for a quicker response https://api.whatsapp.com/send?phone=60122273289.

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