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Thread: Writ of sizure

  1. #1
    Senior Member melvin's Avatar
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    Question Writ of sizure

    Is writ of sizure applicable to a person who dun own any property? As of my knowledege it is applicable provided the person owning the property?

    ie. someone staying in a house/flat but does not own it. can a writ of sizure be applicable as those things like TV, fridge....etc... does not belong to him can the court still enforce the sizure?


    Any Bro have any experience before? Inputs appreciated thanks!
    Last edited by melvin; 1st December 2008 at 10:44 AM.

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    Default Re: Writ of sizure

    sizure? or is it seizure?

    hmm, iirc, only items that belongs to him can be seized, things that don't belong to him how to take?

    for eg, if he rents a room, then anything in the room can be seized, provided those are his.
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  3. #3

    Default Re: Writ of sizure

    Quote Originally Posted by Del_CtrlnoAlt View Post
    for eg, if he rents a room, then anything in the room can be seized, provided those are his.
    ya, and also any items or cash that the Courts believe that belong to you but not in your possession, maybe at your friend place, others' bank accounts, etc... You, or the true owners may need to show proof that those items are not yours.

    any items that have a monetary value will be seized, including your pets, painting, etc. except things that you need for your health reason.
    Last edited by Canonised; 1st December 2008 at 11:55 AM.
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  4. #4
    Senior Member melvin's Avatar
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    Default Re: Writ of sizure

    Quote Originally Posted by Del_CtrlnoAlt View Post
    sizure? or is it seizure?

    hmm, iirc, only items that belongs to him can be seized, things that don't belong to him how to take?

    for eg, if he rents a room, then anything in the room can be seized, provided those are his.
    Oopss ... spelling mistake! hehe...

    Ok does it mean that if he rents a house and his only belongings are clothes meaning there is nothing to seize?

    or

    eg u stay with ur parents can the seizure still procced? As the furniture etc...does not belong to u... can i still apply for writ of seizure? If can how do they need to prove theose things are mine or not?

  5. #5
    vince123123
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    Default Re: Writ of sizure

    I first caution that what I"m going to say is hearsay and I do not have actual experience or knowledge.

    From what I heard, the baliff will simply go to your place of residence or where you have assets in and start sticking stickers on the items there. If the actual owner wishes to dispute, he can do it later on.

    There is a process where the judgment debtor can be summoned to a hearing to disclose all the assets he has, and failure to turn up for the hearing can lead him to another set of problems.

    Quote Originally Posted by melvin View Post
    Is writ of sizure applicable to a person who dun own any property? As of my knowledege it is applicable provided the person owning the property?

    ie. someone staying in a house/flat but does not own it. can a writ of sizure be applicable as those things like TV, fridge....etc... does not belong to him can the court still enforce the sizure?


    Any Bro have any experience before? Inputs appreciated thanks!

  6. #6
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    Default Re: Writ of sizure

    Quote Originally Posted by melvin View Post
    Oopss ... spelling mistake! hehe...

    Ok does it mean that if he rents a house and his only belongings are clothes meaning there is nothing to seize?

    or

    eg u stay with ur parents can the seizure still procced? As the furniture etc...does not belong to u... can i still apply for writ of seizure? If can how do they need to prove theose things are mine or not?
    dunno wor... only take up abit during business management when lawyer lecturer explain, then i listen... maybe wait for our in house lawyers... lol...

    but iirc, they will just go there to put price tag on everything and anything... unless the owner of the unit intervene.

    like for eg, if he rents a unit, if it comes with air-conditioner, TV, table, sofa, then those cannot be seized, normally during rental agreement, those are written down. (u should know rite)

    then those not written one, obviously belongs to him lor...
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  7. #7
    Senior Member melvin's Avatar
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    Default Re: Writ of sizure

    Quote Originally Posted by vince123123 View Post
    I first caution that what I"m going to say is hearsay and I do not have actual experience or knowledge.

    From what I heard, the baliff will simply go to your place of residence or where you have assets in and start sticking stickers on the items there. If the actual owner wishes to dispute, he can do it later on.

    There is a process where the judgment debtor can be summoned to a hearing to disclose all the assets he has, and failure to turn up for the hearing can lead him to another set of problems.
    So meaning to say that the baliff will proceed, no matter u own any assets or not, to stick the sticker. Sales will carry on at the expense of the owners (if the owner cant prove they are the rightful owner) and not the debtor even in this case the debtor only resides in the house! So the owner Suay la....

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    Default Re: Writ of sizure

    Quote Originally Posted by melvin View Post
    So meaning to say that the baliff will proceed, no matter u own any assets or not, to stick the sticker. Sales will carry on at the expense of the owners (if the owner cant prove they are the rightful owner) and not the debtor even in this case the debtor only resides in the house! So the owner Suay la....
    Yeah, if the affected owner can prove that those assets belong to him, then it will be ok. This happen to my bro-in-law........ my father-in-law has to provide receipt and prove that those assets with stickers on belongs to him. The onus is on the affected parties to prove that assets belong to them. It was such a tedious process man!!
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  9. #9

    Default Re: Writ of sizure

    usually the court people are nice people ... they also got feeling la... if the place is a small hdb flat, simple explanation is ok .... but if the house is a mansion, then of course even painting can cost thousands then they want proof...

    no point they go after things that can be pawned for only a few bucks ..
    always the Light, .... always.

  10. #10
    vince123123
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    Default Re: Writ of sizure

    Eh no, from what I heard (and again I strongly caution relying on this hearsay), they only stick stickers. Sale/auction is held at a later date. They cannot anyhow sell.

    I'm not sure how the dispute resolution mechanism on ownership is.

    However, instead of asking questions in vacuo, perhaps you could let us know your specific case, which side you are on and it will be easier to advise later. Trying to fight from two sides of the coin is difficult.

    Quote Originally Posted by melvin View Post
    So meaning to say that the baliff will proceed, no matter u own any assets or not, to stick the sticker. Sales will carry on at the expense of the owners (if the owner cant prove they are the rightful owner) and not the debtor even in this case the debtor only resides in the house! So the owner Suay la....

  11. #11
    Senior Member melvin's Avatar
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    Default Re: Writ of sizure

    Quote Originally Posted by Canonised View Post
    usually the court people are nice people ... they also got feeling la... if the place is a small hdb flat, simple explanation is ok .... but if the house is a mansion, then of course even painting can cost thousands then they want proof...

    no point they go after things that can be pawned for only a few bucks ..
    Bro i have been to the Auction before and it is in a normal 3 room flat ...

  12. #12
    Senior Member melvin's Avatar
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    Default Re: Writ of sizure

    Quote Originally Posted by vince123123 View Post
    Eh no, from what I heard (and again I strongly caution relying on this hearsay), they only stick stickers. Sale/auction is held at a later date. They cannot anyhow sell.

    I'm not sure how the dispute resolution mechanism on ownership is.

    However, instead of asking questions in vacuo, perhaps you could let us know your specific case, which side you are on and it will be easier to advise later. Trying to fight from two sides of the coin is difficult.
    Thanks Bro, i understand abt the sale/ auction are held at a later date.

    With reference to smalltake's case ie the bro-in-law staying wif father-in-law. The baliff dun need to find out who the rightful owners of the things in the house, they proceed on to stick unless got receipt to prove the whatever assets they stick belong to father-in-law and not the bro-in-law?

    I just find it puzzling why they can go into the Father-in-law house to paste sticker all over and wait for the father-in-law to prove his ownership? As i thought the case will only be applicable if debtor is owner of the house?

  13. #13
    vince123123
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    Default Re: Writ of sizure

    Honestly, I do not know how the ownership dispute mechanism works, and as I said, it may be better if you tell us the full story so its easier to help. RIght now I can't tell if I should be advising towrads the debtor, the creditor, the baliff etc. Each has a different side and view.

  14. #14

    Default Re: Writ of sizure

    Quote Originally Posted by melvin View Post
    Thanks Bro, i understand abt the sale/ auction are held at a later date.

    With reference to smalltake's case ie the bro-in-law staying wif father-in-law. The baliff dun need to find out who the rightful owners of the things in the house, they proceed on to stick unless got receipt to prove the whatever assets they stick belong to father-in-law and not the bro-in-law?

    I just find it puzzling why they can go into the Father-in-law house to paste sticker all over and wait for the father-in-law to prove his ownership? As i thought the case will only be applicable if debtor is owner of the house?
    The Bailiffs have the right to stick the stickers on everything worth money in the house.....the person-in-debt will then have a certain period of time to pay off his debts...at the same time...the actual owner MUST produce receipts to prove that the item do not belong to the person-in-debt...there is a process allowing the FIL to claim back the actual items...
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    Senior Member melvin's Avatar
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    Default Re: Writ of sizure

    Quote Originally Posted by vince123123 View Post
    Honestly, I do not know how the ownership dispute mechanism works, and as I said, it may be better if you tell us the full story so its easier to help. RIght now I can't tell if I should be advising towrads the debtor, the creditor, the baliff etc. Each has a different side and view.
    As a creditor can i straight away apply for Writ Of Seizure instead of the norm ie LOD, Small Claim then to WOS...the thing is that the debtor initially agree on monthly installment it is only recent 3 months he defaulted on his installment. As i dun know this guy really got some difficulty in the installment or not. And he is residing with his parents so thats why the question of the ownership of assets.

  16. #16

    Default Re: Writ of sizure

    Quote Originally Posted by melvin View Post
    As a creditor can i straight away apply for Writ Of Seizure instead of the norm ie LOD, Small Claim then to WOS...the thing is that the debtor initially agree on monthly installment it is only recent 3 months he defaulted on his installment. As i dun know this guy really got some difficulty in the installment or not. And he is residing with his parents so thats why the question of the ownership of assets.
    err..WOS cost more than LOD/Small Claims....Small Claims used to be $15 or less...WOS u need to engage Lawyers....if the amount is small ..no point going to WOS...

    Qn on ownership only comes into effect if u really goes thru with the WOS...and the onus is on the actual owners to prove their ownership..not u
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    Senior Member denniskee's Avatar
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    Default Re: Writ of sizure

    question, if the person bought a tv for his father in law using nets of cc, they check the account, so is this tv his or his father in law? assuming following case

    1) they staying under one roof, house belong to father in law, tv in the hall, not in his own bed room.

    2) seperately

    Last edited by denniskee; 1st December 2008 at 04:32 PM.
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  18. #18
    vince123123
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    Default Re: Writ of sizure

    Sorry, you cannot apply for a WOS without a judgement. WOS is only used to enforce a court judgement. You first need to get a court judgment in your favour, and that can be done via Small Claims Tribunal or Subordinate Courts or High court - depending on the type of case or quantum involved.

    In your case, since you are the creditor, and assuming it is for goods/services, then go to SCT and get judgement. After that ask SCT how to make the guy pay, and they will teach you the methods of WOS, garnishee, etc.

    Quote Originally Posted by melvin View Post
    As a creditor can i straight away apply for Writ Of Seizure instead of the norm ie LOD, Small Claim then to WOS...the thing is that the debtor initially agree on monthly installment it is only recent 3 months he defaulted on his installment. As i dun know this guy really got some difficulty in the installment or not. And he is residing with his parents so thats why the question of the ownership of assets.
    Quote Originally Posted by Wibblo View Post
    err..WOS cost more than LOD/Small Claims....Small Claims used to be $15 or less...WOS u need to engage Lawyers....if the amount is small ..no point going to WOS...

    Qn on ownership only comes into effect if u really goes thru with the WOS...and the onus is on the actual owners to prove their ownership..not u

  19. #19
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    Default Re: Writ of sizure

    Quote Originally Posted by denniskee View Post
    question, if the person bought a tv for his father in law using nets of cc, they check the account, so is this tv his or his father in law? assuming following case

    1) they staying under one roof, house belong to father in law, tv in the hall, not in his own bed room.

    2) seperately

    depends...iirc, if for eg, he owe a huge amount of money, then he knows he will sure be bankrupt, he went on a spending spree using his CC, and bought alot of things as gift, the court can actually claim back those items.

    but if those are bought long before, need not apply...
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