ENFORCEMENT OF

JUDGMENT
WRIT OF SEIZURE AND SALE
WRIT OF POSSESSION
WRIT OF DELIVERY
ENFORCEMENT OF MONEY JUDGMENTS
• A Judgment for the payment of money can be enforced
by; (O.45 r.1)
• a) a writ of seizure and sale
• b) garnishee proceedings
• c) in case in which rule 5 applies, an order of committal

• In addition to these;
• (r1A) a) a charging order
• b) the appointment of receiver
WRIT OF SEIZURE AND SALE
• A writ of seizure and sale is one of the writs of execution
• -the other writs of execution are writ of possession and writ of
delivery

*WSS- applicable for both movable and immovable property

*Procedure in application;
on certain situations need for leave (for all writs of execution);
O.46.r2
a)where more than 6 years have lapsed but before 12 years
since the date of the judgment
b) where any change has taken place by the death or
otherwise of the parties
WRIT OF SEIZURE AND SALE
• c) where the judgment is against the assets of the deceased
person coming into the hands of his executors/administrators
• d) where under the judgment any person is entitled to relief subject
to the fulfillment of any condition which it is alleged has been
fulfilled
• e) where any movable property sought be seized under the a writ
of execution is in the hands of receiver appointed by the court

• How to apply for leave (for WSS or other writ of execution) (O.46
r.3)
• -Ex parte Notice of Application in F.88
• -supported by affidavit stating the relevant grounds (O.46 r.3)
WRIT OF SEIZURE AND SALE
• When the court grants leave, the judgment creditor must
apply for the writ of seizure and sale ( or other writ of
execution) to be issued within 1 year failing which a fresh
application for leave has to be made.

• Writ of Seizure and Sale-

• F.84- movable property (High Court)
• F. 84A – movable property (Subordinate Court)
• F.85 – immovable property
WRIT OF SEIZURE AND SALE
• Issue of writ of execution (applicable to all writs inclusive WSS).
(O.46 r.4)
• Before WSS is issued, a praecipe in F.89 must be signed by the
applicant/his solicitors.
• Must be filed with;
• i) the judgment or order on which the writ is issued
• ii) where the writ may not be issued without the leave of the court, the order
granting such leave or evidence granting of it.
• iii) where applicable , the written permission of the controller of foreign
exchange where the person enforcing the judgment is resident outside the
jurisdiction

• **praecipe – a request to issue WSS , to state the the amount unpaid, to attach
a copy of judgment and the order for leave if it is required.
• ** Before the WSS is issued the Registrar must be satisfied that the time
/period has expired
WRIT OF SEIZURE AND SALE
• *The WSS is issued by an officer of the Registry who
signs, dates and seals it.

• Valid for 12 months from the date of its issue unless

extended by the court for a period of 12 months on each
application for extension. (O.46 r.6)
WRIT OF SEIZURE AND SALE
• Seizure of movable property is subject to S.3 Debtors Act
1957
• Prohibits the attachment or seizure and sale by way of
execution on the following items;
• a) wearing apparel, cooking utensils, beds of JD, his wife and
children, tools and implements of his trade to the value of RM200
in all,
• b) the tools of artisan, or where the JD is an agriculturalist, his
implements of husbandry and such cattle and seed-grain or
produce as may in the opinion of the court be necessary to enable
him to earn his livelihood.
• c) houses and other buildings in a farm
• d) books of account
WRIT OF SEIZURE AND SALE
• e) any pension, gratuity or allowance granted by the
government or other public body.
• f) wages or salary of JD below RM200;
• The ct can only authorise the execution of salary/wages of a
federal/state officer after consent has been obtained in writing by
the Minister of Finance or the Chief Minister of a state.
WRIT OF SEIZURE AND SALE
• After seizure has been made of the movable property, any
dealings by the JD with property seized is void (O.47 r.4)

• The sheriff will then sell the seized property to pay the
execution creditor
WRIT OF SEIZURE AND SALE
• Execution by Sheriff/bailiff;
• O.46 r. 15
• -may be executed between 9.00 am and 4.00 pm
O.46 r. 16 (1)
- where any movable property is seized by the sheriff/bailiff, he shall
give to the Execution Debtor a notice of seizure in F.91, a copy of
the notice shall be filed.

O.46 r. 16 (2)
- If the property is removed he must give an inventory of the property
so removed to ED
WRIT OF SEIZURE AND SALE
• O.46 r.16 (3)
• -notice of seizure , notice of removal and inventory may be;
• a) handed to the ED personally;
• b) sent to him by post to his place of residence; or
• c) left at or sent by post addressed to him at the place which the property was
seized.

O.46 r.22
- the Sheriff/bailiff must sell all property seized by him

O.46 r,23
-all sale shall be by public auction
-between 9.00 am and 4.00 pm
- a notice of the intended sale in F.92 must be posted on the notice board of the
Registry and so far as practicable at the place the intended sale 7 days
before the sale.
WRIT OF SEIZURE AND SALE
• O.46 r.24
• - Where the value of property seized is more than RM10,000, the
sale shall be conducted by a licensed auctioneer.
• - shall be publicly advertised by Sheriff or bailiff or auctioneer once
2 days before the sale
• -In other case the sale may be conducted by the Sheriff or bailiff
WRIT OF SEIZURE AND SALE
• IMMOVABLE PROPERTY
• O.47 r.6, O.47 r.7
• -Seizure of an immovable property must be made by a ‘prohibitory
order’ which prevents the JD from transferring, charging or leasing
such property or any registered interest.
• -an application of an order may be made ex parte by notice of
application supported by affidavit.
• -the affidavit should;
• Identify the judgment to be enforced
• Stating the name of the JD in respect of whose immovable property /interest
an order is sought
• Stating the amount remaining unpaid under the judgment
• Specify the immovable property in respect of which an order is sought
• Stating the deponent’s belief that the immovable property is the JD’s and
stating the sources of the deponent’s belief
WRIT OF SEIZURE AND SALE
• a copy of PO must be served on JD and also registered
at Registry of Titles or Land Office.
• Once the PO is registered, it shall be deemed to have
seized the immovable property.
• The PO is valid for 6 months from the date of its
registration.
WRIT OF SEIZURE AND SALE
• Sale of Land; (O.47 r.7)
• -the sale of land can only be made after 14 days after the
registration of prohibitory order.
• -the conditions of sale may be drawn up by the sheriff or
by solicitor.
• -the JD may apply by notice of application to the ct/judge
to postpone the sale on the ground that he can raise the
judgment sum.
• -the ct if satisfied , may postpone the sale for such period
and terms as are just
WRIT OF SEIZURE AND SALE
• -the JC may also apply for a receiver to be appointed to
receive the rents and profits until the sale.
• -any person whose interests are affected may apply to
the court to set aside the order for sale on the grounds of
material irregularity or fraud in publishing or conducting
the sale.
• (material irregularity/fraud-the applicant has sustained
injury by reason of such irregularity or fraud).

• -pending the execution/endorsement of the doc , the

ct/judge may appoint the sheriff/bailiff to receive any rents
n profits due to the purchaser
WRIT OF SEIZURE AND SALE
• the sale;
• O.46. r22, r.23, r.24 apply
• The same with movable property
..the sale
O.46 r.22
- the Sheriff/bailiff must sell the property seized .

O.46 r,23
-all sale shall be by public auction
-between 9.00 am and 4.00 pm
- a notice of the intended sale in F.92 must be posted on the notice board of
the Registry and so far as practicable at the place the intended sale 7 days
before the sale.

• O.46 r.24
• - Where the value of property seized is more than RM10,000, the sale shall be
conducted by a licensed auctioneer.
• - shall be publicly advertised by Sheriff or bailiff or auctioneer once 2 days
before the sale
• -In other case the sale may be conducted by the Sheriff or bailiff
WRIT OF POSSESSION
• O.45 r.3
• A judgment for possession of land may be enforced by the
issue of;
• 1)-writ of possession –
• F 87 ( HC)
• F 87A (SubCt)

• 2) Order of committal , where O.45 r.3 applies;i.e, where the JD

• i) refuses or neglects to do an act specified in the judgment
• Ii)disobeys a judgment requiring him to abstain from doing an act.
WRIT OF POSSESSION
• The writ of possession commands the sheriff/bailiff:
• i) to take possession of the immovable property, and
• ii) may also seize and sell any movable property to satisfy the
judgment debt.

• -shall not be issued without leave of the court –exception for

charge action under O.83.

- Such leave will only be granted if it is shown that every person in

actual possession had received notice of the proceedings to
enable him to apply to the court for any relief.
WRIT OF DELIVERY
• A writ of delivery may be used to enforce a judgment for
delivery of any movable property or payment of their
assessed value.
• A writ of delivery may be issued in
• F. 86 – HC
• F. 86A- Sub Ct
• -take note the praecipe in F.89
• Writ of Delivery commands the sheriff/bailiff;
• a) to seize and deliver the movable property to the JC
• b) to seize and sell the movable property to meet the
payment of the JC
Enforcement of judgment to do or abstain from doing
an act
• O.45 r. 5
• r.1 a) a person required to do an act within a time specified
in the judgment refuses/neglect to do it within that time
• b) a person disobeys a judgment requiring him to abstain
from doing an act,

• The judgment may be enforced by;

• a) with the leave of the court, an order of committal
• b) where that person is a body corporate, with the leave of the ct an
order of committal against any director or other officer of a body
• c) subject to the provision of the DA 1957, an order of committal
against that person or where that person is a body corporate, against
any such officer
Enforcement of judgment to do or abstain from doing
an act
• r.3- judgment for delivery of any movable property with the
alternative of paying the assessed value
• -shall not be enforceable by order of committal
• -but on the application of the person entitled , ct may make
an order requiring the property to be delivered within a time
specified, and that order may be so-enforced

• -the enforcement shall not be made unless;

• a) a copy of the judgment/order had been served personally
• b) in the case of a judgment/order requiring a person to do
an act , the copy has been served before the expiration of
the time within which he was required to do the act.