We can advise businesses on whether a WSS is appropriate, prepare the court application, and guide clients through the enforcement process.
Understanding the Process
STEP 01
Obtain a Court Judgment
A Writ of Seizure and Sale can only be applied for after a court has entered judgment in your favour and the debtor has failed to make payment.
STEP 02
Apply for a Writ of Seizure and Sale
An application is filed with the court requesting permission to seize the debtor’s assets to satisfy the outstanding judgment debt.
STEP 03
Seizure of Assets
If the writ is granted, the court’s enforcement officers may seize eligible assets belonging to the debtor in accordance with the law.
STEP 04
Sale of Seized Assets
The seized assets may be sold, usually through a public auction, with the proceeds used to satisfy the judgment debt.
STEP 05
Payment of the Judgment Debt
The proceeds from the sale are applied towards the outstanding debt. If the sale proceeds are insufficient, additional enforcement options may still be available.
Assets That Can Be Seized
Subject to Malaysian law and the specific circumstances of the case, assets that may be seized include:
- Motor vehicles
- Machinery and business equipment
- Office furniture and fittings
- Stock and inventory
- Valuable personal belongings
- Certain investment assets
Assets That Cannot Be Seized
Some assets are protected by law and are generally not available for seizure, including:
- Essential clothing and basic household necessities
- Tools or equipment reasonably required for the debtor’s livelihood
- Certain protected assets provided for under Malaysian law
Whether a particular asset can be seized depends on the circumstances of the case and the applicable legal requirements. Our lawyers can advise on the most appropriate enforcement options based on the debtor’s assets.
Coverage Area
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