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Legal Subjects > Litigation > Civil Matters > Prohibitory Order
 
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WHAT IS A PROHIBITORY ORDER ?

In monetary claims, judgment debtor is the person against whom the judgment or order is made or given. It is generally called the losing party.

The other party is called the judgment creditor where the judgment is obtained for the payment of money by some other person.

In the event that a judgment debtor refuses or neglects to comply with the judgment made by the Court, the judgment creditor can proceed to obtain Prohibitory Order where the properties of the judgment debtor involves land.

A Prohibitory Order is an order obtained from the court prohibiting a judgment debtor from effecting any dealings in relation to his or her landed properties or interest in land held by the him or her.

After obtaining the Prohibitory Order, the judgment creditor can proceed to obtain the Order For Sale to auction the piece of land to recover the same.

Nevertheless, it may not be justified to obtain a Prohibitory Order where the land is charged to a bank or financial institution for a huge loan.

WHAT SHOULD I DO BEFORE I PROCEED TO OBTAIN A PROHIBITORY ORDER AGAINST A JUDGMENT DEBTOR'S LANDED PROPERTY ?

You have to conduct a landed property search on the debtor with the Land Office or Penolong Pemungut Hasil Tanah in the districts where you believe the judgment debtor has landed property.

A landed property search will cost you around RM$20.00.

Where the result of the search is positive, you should then request for an abstract of the land title of the judgment debtor from the Land Office.

You should be able to justify whether it worth while to proceed with prohibitory order based on the information obtained from the abstract of the land title, valuation report or credit checking where the land is charged to a bank or financial institution.

The Court will only consider issuing ex parte a Prohibitory Order upon production of an abstract of title or other sufficient evidence of the title or interest of the judgment debtor.



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