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Debtors Act 1957 Part II — Execution in respect of judgment debts

s 3 · 1 section

Execution in respect of judgment debts

s 3

(1) Subject to and in accordance with any rules of court any sum of money payable under the judgment of a court may be recovered in case of default or failure of payment thereof forthwith or at the time or times, or in the manner thereby directed by execution whether legal or equitable against the property movable or immovable of the party against whom the judgment was obtained: Provided that the following shall not be liable to attachment, seizure or sale in such execution, namely: (a) the wearing apparel, cooking vessels, beds or bedding of the judgment debtor, his wife and children, and the tools and implements of his trade to the value of two hundred ringgit in all, which to that extent shall be protected from execution; (b) the tools of artisans or, where the judgment debtor 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 as such; (c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturalist and occupied by him; (d) books of account; (e) any pension, gratuity or allowance granted by the Government of Malaysia or the Government of any State or by such other public body as the Yang di-Pertuan Agong may by notification in the Gazette designate; (f) wages or salary of the judgment debtor: Provided that where such wages or salary exceed two hundred ringgit a month the court may authorize execution to be levied in such manner as may be prescribed by rules of court in respect of such excess or part thereof as the court may think just; (g) where the judgment debtor is a person liable for the payment of land revenue, any movable property which under any law applicable to him is exempt from sale for the recovery of an arrear of such revenue; and (h) any share of a judgment debtor in a partnership as to which the judgment debtor is entitled to proceed to obtain a charge under any written law relating to partnerships. (2) Nothing in this section shall be deemed to exempt houses or other buildings or the materials or sites thereof or the land immediately appurtenant thereto or necessary for their enjoyment from attachment or sale in execution of judgments for the payment of rent of any such house, building, site or land.

Back to Debtors Act 1957 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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