Writ Of Summon

[crystalcorrie]

Today CIMB threatened my relative that if he failed to make the payment for DMP, they will issue him either the writ of summon or statutory demand..
My relative intends to self declare bankruptcy on 10th of April as he would receive his final last pay on that day.. (he worked as a self employed = jobless after bankrupt)
Will the bank come my house and seize items as he currently stays in my place. He does not own the property and most of the items in the house belong to my family...

 

[delceer]

Today CIMB threatened my relative that if he failed to make the payment for DMP, they will issue him either the writ of summon or statutory demand..
My relative intends to self declare bankruptcy on 10th of April as he would receive his final last pay on that day.. (he worked as a self employed = jobless after bankrupt)
Will the bank come my house and seize items as he currently stays in my place. He does not own the property and most of the items in the house belong to my family...

Everything in the house cannot be touched. The officer will paste the stickers on the items. You need to have proof of purchase such as receipt to request the officer release the item back to you. Very troublesome. If I am you, I will ask the person don't stay together to save my trouble.

Sent from Nokia 8250 using GAGT

 

[crystalcorrie]

Everything in the house cannot be touched. The officer will paste the stickers on the items. You need to have proof of purchase such as receipt to request the officer release the item back to you. Very troublesome. If I am you, I will ask the person don't stay together to save my trouble.

Thanks for the reply. Sigh...
Problem is the address on his IC is my place..
So Writ of Summon = Writ of Seizure?
I thought only Writ of Seizure and sale then bank will come and disturb? And if that's the case, any idea how long will the bank issue writ of seizure? and if he declared bankrupt before the writ of seizure is issued, bank won't come and disturb already right?

Hais.. after all also relative, cannot see him die don't help also..

 

[vince123123]

Writ of summons is a court document that begins the legal process. If nothing is done, then a default judgment will be entered against the defendant. If the defendant does not pay, then the creditor can take out writ of seizure and sale against the debtor's assets. You will need to file a claim in court for the goods to be released to you via an interpleader summons hearing.

 

[vince123123]

The "officer" who pastes the stickers is called bailiff. You do not request the bailiff to release the item back to you, you need to do it via an application to court for the judge to release the items to you. You will need to show evidence that the items belong to you.

Everything in the house cannot be touched. The officer will paste the stickers on the items. You need to have proof of purchase such as receipt to request the officer release the item back to you. Very troublesome. If I am you, I will ask the person don't stay together to save my trouble.

Sent from Nokia 8250 using GAGT

 

[delceer]

The "officer" who pastes the stickers is called bailiff. You do not request the bailiff to release the item back to you, you need to do it via an application to court for the judge to release the items to you. You will need to show evidence that the items belong to you.

Yes, you are right.
Maybe you can advise the TS more.