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 Eviciting owner on lelong property, Need help

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shaniandras2787
post Aug 2 2020, 03:32 PM

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i'd take the "lodge a police report" method with caution though.

lodging a police report doesn't absolve you from civil suits, in fact, it does not absolve you from anything if the occupants decided to sue you for "theft", what it does is saving you from criminal prosecutions (eg: if unlawful articles were found within the property).

many lay person mistakenly thought that lodging a police report grants them a "right" to break in, it does not especially more so if you know or would reasonable forsee that there are people still within the property (who was there previously, legally) and since police reports are admissible evidence in court, you'd be cited for perjury because clearly, the staff from the management office contradicts your statement.

the same law applies to errant tenants who refuses to vacate properties.

these are "cowboy" ways of dealing with matter.

if you want to do things by the proper means, getting the writ of possession is the only way to go.

This post has been edited by shaniandras2787: Aug 2 2020, 03:33 PM
shaniandras2787
post Aug 2 2020, 04:20 PM

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QUOTE(mini orchard @ Aug 2 2020, 03:50 PM)
Normally those people have no financial means to initiate a legal action.
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Well, i was replying to TS's question anyway.

Further, with so many unscrupulous lawyers lying around nowadays, it won't be surprising that a contingency fee arrangement can be made.
shaniandras2787
post Aug 3 2020, 10:19 AM

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QUOTE(mini orchard @ Aug 2 2020, 04:24 PM)
This is a discussion forum.... no ?

How much damages can claimed ? 5? 50k? 500k ? Such arrangement also need minimum payment upfront unless is at least 500k.

If only eviction through legal means is so easy,, we dont have the Adib fireman case in Sri Maha Mariamman Temple in Seafield, Subang Jaya,
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Yeah, this is a discussion forum. Why do you sound so hostile?

Which part of contingency fee that you don't get? This arrangement means no payment of fees unless plaintiff wins.

By the way, you are comparing apples to oranges (case you mentioned) - one involves the matter of religion and another between 2 individuals. You should read more why it is always difficult when it comes to eviction when religion is involved.

Sorry to burst your bubble but getting a writ of possession through a completed proclamation of sale is a fairly straight forward matter and 10 out of 10 times, the plaintiff can and will get a summary judgement in favor.

shaniandras2787
post Aug 3 2020, 10:23 AM

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QUOTE(shyan90's @ Aug 2 2020, 07:04 PM)
Management office not even know there is owner live in there that is the problem..
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I thought you mentioned that the management office "also shock while found that there is people inside"?

This implied that the management office now has knowledge.


shaniandras2787
post Aug 3 2020, 01:57 PM

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QUOTE(shyan90's @ Aug 3 2020, 10:53 AM)
Yes and they will accompany us during break in.
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hmm.gif

but you said "Management office not even know there is owner live in there that is the problem.." ?

i am a bit confused here, does the management know/aware that there are people still residing within the property you have purchased?

be that as it may, entering / "breaking" into your own property (with/without a police report and/or any persons as a company) is not in violation of any law but you need to be reminded that your actions may result in civil suits.

let me reverse the situation for better illustration:-

assuming that you are someone who refuses to vacate a property after your right to occupy has expired.

you went out one day and return only to find that all your belongings have been cleared off/disposed and that your RM50,000.00 Rolex watch is also missing. naturally you would have assumed that the owner of the property may have taken (stolen) it and it is your civil rights to have it returned.

while the law allows a rightful owner possession of his/her own property, it does not allow anyone to infringe upon the civil rights of another while exercising that right which is where the "writ of possession" comes into play.

your application will be heard before a judge and upon adjudication, a bailiff (officer of the court) will be assigned and will accompany you to enter / break in the property and thereafter the bailiff will make inventory of all the things that are within the property.

the difference between a bailiff and Tom, Dick or Harry is that the latter is not officer of the law.



 

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