Writ Of Seizure And Sale Malaysia Procedure
Under a wss the judgment creditor can request the court who then authorises the bailiff to seize property belonging to the judgment debtor to pay the judgment debt.
Writ of seizure and sale malaysia procedure. It may be enforced against both movable and immovable property as well as against the securities. A writ of seizure and sale wss is one of the options available for enforcement of court judgments. Writ of seizure and sale statute o 45 r 1 1 a rules of court 2012 debtors act 1957 procedure o 47 the writ must be in form prescribed. These writs authorise the bailiffs of the state courts to enforce the unsatisfied judgment.
Work or study tools instruments or books up to the value of rm200 00 clothing bedroom or kitchen furniture and non movable items like ceiling fans water heater etc. Ii the court will command the sheriff or bailiff to seize and sell of the property of the judgment debtor to satisfy the judgment sum due. What is a writ of seizure and sale wss. Writ of seizure and sale.
Writ of seizure and sale according to o. The writ of seizure and sale wss however cannot take. 45 r 12 1 the writ must be in the form prescribed namely form 84 or 85. When the property to be seized is immovable property or any registered interest the seizure shall.
For enforcement of a judgment or order of tribunals by way of writs of seizure and sale please click here for more information. Writ 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. Writs of execution include writs of seizure and sale of movable and immovable property writ of delivery and writ of distress.
Form 84 or 85 o 45 r 12 1 it may be enforced against both movable and immovable property as well as against the securities. This enforcement application in which is applicable to immovable and movable property will command the court sheriff bailiff to seize and sell off the property of the debtor to satisfy the judgment sum due. What is a writ of seizure and sale wss. Iii this process will be carried out through an auction of the seized items.
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. This enforcement application in which is applicable to immovable and movable property will command the court sheriff bailiff to seize and sell off the property of the debtor to satisfy the judgment sum due. I this application is applicable to movable properties. Writ seizure and sale.