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asked on Nov 23, 2010 at 20:49
by   BRM Chang
Greeting to all bloggers and friends,

(01) Last 3 weeks ago I have been served with a writ of summon by a bank to appear in court in Magistrate Court pertaining their claims against my outstanding payment of credit card of RM3200.00. Based on the said summon, the bank claims that I have breach the terms and conditions of Line of Credit of the said credit card. For record, sometime in 2003, I have enrolled a credit card application through salesman at a mega mall. My entire particular keyed in by the said salesman and my part is only signing the said application form (of course now I realized how importance to read the agreement before signing it). At that particular of time, the said bank is still in old form not yet merged as nowadays. I never missed any payment to the bank until sometime 2 years ago till now where, still, I didn’t missed the monthly payment just that always pay only minimum payment and sometime less than minimum payment, but hey, at least I did not missed any single payment.

(02) I thought that by keep on paying minimum payment and less will avoid court action but my judgment seems to be swayed out. I have tried to negotiate with the bank sometime 3 or 4 months ago before I received the said summon to restructure the outstanding by applying the banks’ consideration for termed loan. However, the said application only sleeps on their file without any action even not interim reply.

(03) Immediately upon receiving the said summon, I did make a phone call to the said bank asking for negotiation to withdraw the summon and again restructure my outstanding. The bank demand me to pay minimum of RM700.00 to pay within 2 weeks in order for the bank to withdraw the case and the most part that I can’t forget till today when the bank officer at the end of our conversation told me … “next time don’t apply credit card if you cannot afford to pay!!”… (and it become my biggest and hard lesson to be learnt).

(04) After that I keep on looking and searching in books, magazine and surfing internet to find out how to tackle this kind of scenario and thank God, I reached to this fantastic website. Reading all posts and advised, I did bought the “How to represent yourself in court to fight banks” wrote by William Chan. Credit to William Chan on his great job to come up the book. The book becomes my manual.

(05) After gone through the book, I have decided to stand before judge next triple weeks to apply for the extension in order to buy time to figure out how the best way to handle the case. However, I am in dilemma. The book did not teach me :
( a ) How to ask for documents such as old copies of agreement, complete statement of accounts, etc
( b ) How to prepare cross examination. Any checklist?
( c ) What are the holes for fishing, etc….

(06) Now I am quite blur on what are steps that I should do or take. Is there anybody could advise me on this please?

Sincerely

- BRM Chang -
Kuching, Sarawak.
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answered on Nov 26, 2010 at 09:30
by   romeo
How did you manage to buy the book in Kuching?
I thot no MPH bookstore in Kuching?
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answered on Nov 26, 2010 at 16:49
by   1818
@BRM Chang,

My situation is a lot worse than yours, I owe more than 10 banks more than 200 times the amount you owe, all credit card debt! I got my first summon in Feb 2010, first mention (first time to attend court) was in April. Thanks to William Chan's book, many kind souls in this forum (http://www.lawyerment.com.my/boards/topic-Malaysia_Business_Consumer_Bankruptcy_Law-0.htm), and being based outside M'sia, till today, I have not been made a bankrupt yet. (So far, I have fought the bank's lawyer - same bank - at the Mahkamah Sesyen Kuala Lumpur 7 times!)

First, you should have an exit strategy, let me share mine so you can get a clearer picture of what I mean:

Back in late 2009, I knew these 10+ banks will sue me soon, so I moved out of M'sia about one year before my first summon. My plan was to be a Permenant Resident in a foregin country, then apply for their passport/citizenship*. In order to do this, I needed to DELAY being made a bankrupt as long as possible to 'buy time' to at least get my PR approved. Once I get my PR, even if I fail to get citizenship, I would rather be stucked in my new country than in M'sia.

*Obviously, not everyone can do this, if you possess a great skill or if you're single and attactive, it is much easier.

Second, if you can't afford to pay the RM700, can you afford to fight the banks? Because chances are, you'll need to travel to the courthouse several times, maybe 5-10 times or more!

Third, you are from Kuching, Sarawak, which courthouse will you be attending?
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answered on Nov 26, 2010 at 16:56
by   1818
Your should also check out this thread... http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-690.htm
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answered on Nov 27, 2010 at 18:12
by   BRM Chang
@romeo,
Yup. There is MPH Bookstore at The Spring, Simpang Tiga. Its a very big bookstore and thank god, they still have 3 stocks of the said book the day I bought one.

@1818,
Wow... I dunno how u can handle it. I only have one case with the bank. At first I want to borrow from Ah Long to settle that RM700.00. After I tried to negotiate with the bank, they had opposed to all my proposal including the proposal drafted in the William Chans' book.

The case will be mentioned in Miri Magistrate Court, which is about 1000km from Kuching. Yup, I agree that I have to go to the said court for several time and it maybe consume certain cost.

However, I need to buy time in order to make my financial in stable situation. The business I run is not in good position at the moment and I have plan to improve my financial management. But then, I still can manage to pay for my house loan, car loan and my personal loan. So far, only that credit card got problem.

Is there any possibility for me to apply for adjournment to another 3 months on the ground to look for an advocate to counsel me? And is there any possibility for me to apply to the said court to pay the installment less than the existing as the existing I have to pay RM150 to RM200 per month. Can I apply to pay RM50.00 till all outstanding cleared? What will be consequences if I appeal to the court to agree paying even though at the first place I did object to their summon?

- BRM Chang -
Kuching, Sarawak.
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answered on Nov 27, 2010 at 19:01
by   1818
@Chang,

> Your first summon is called the first mention, my guess is, the mention is at 2.00 p.m., am I right?

> When you reach the courthouse, look for a kiosk* to key in your summon number, you will then see a screen with your case details, write down the name of the registrar and whatever details you think are important.

*I am not sure if these kiosks are used all over courthouses in M'sia, if not, ask a court employee where to get the details.

> At the KL courthouse, near the entrance of the registrars' office, there is a window, when this window opens at 2.00 p.m., they pass out pink forms, you're supposed to fill up your details and join another Q (where 99% of those people queuing up are lawyers) to meet the registrar.

> When you reached the registrar's desk, pass the pink form to the registrar's assistant and wait for her to call you.

> When it is your turn, they will ask you to sit down in front of your registrar together with the bank's lawyer, make sure you have your I/C with you, they will need to see it at this time, if not earlier.

> Address the registrar as Tuan or Puan, when it is your turn to speak, say you need time to find a lawyer because you do not agree to the claim amount, in fact, you have already called up more than 12 law firms*, all of them told you they are on ABC bank's panel of lawyers or applying to be on it, so you hope Tuan/Puan would please grant you 3 months to find a lawyer. You should get at least a month to "look for a lawyer".

*To try to delay your case for as long as possible, when you meet the registrar, inform him/her that you have contacted at least 12 law firms. You should call a minimum of 5, tell them (on the phone) you need a lawyer to represent you, you are being sued by ABC bank, write down the name of each firm and the person you spoke with, this way, you can speak with conviction in front of the registrar. Good thing you're not really looking for a lawyer, it is very, very diffcult to find one who is willing to truly help you delay your case, it is like against the law profession's ethics. I know, I have talked to many lawyers.

> My first summon letter from the bank's lawyer was dated 10 February 2010, first mention date was in April, till today, about 10 months later, I am still not a bankrupt yet, many thanks to William Chan's book and the kind people in this forum, otherwise, quite likley, I would have made a bankrupt by now.

> After you get your hearing date (usually 3-4 weeks from your first mention date), submit in an application and an affidavit to apply to transfer your case to the town/city you currently live. (Find out from a court employee when is the last day/deadline you must submit this transfer applicaton and do it about 2-3 days before that date - for maxumuym delay!)

Hope the above helps. For me, when I got my first summon, I couldn't find anyone to tell me what to do, it was extremely stressful and scary experience.
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answered on Nov 28, 2010 at 05:37
by   notalawyer
> When you reach the courthouse, look for a kiosk* to key in your summon number, you will then see a screen with your case details, write down the name of the registrar and whatever details you think are important.
*I am not sure if these kiosks are used all over courthouses in M'sia, if not, ask a court employee where to get the details.
> At the KL courthouse, near the entrance of the registrars' office, there is a window, when this window opens at 2.00 p.m., they pass out pink forms, you're supposed to fill up your details and join another Q (where 99% of those people queuing up are lawyers) to meet the registrar.
> When you reached the registrar's desk, pass the pink form to the registrar's assistant and wait for her to call you.


Err...  Only KL Jalan Duta courts use kiosk, pink forms and Senior Assistant Registrars, for other Courts in Malaysia, you go straight to the court room to register with the interpreter and you talk to the Magistrate/Judge.

Apply to transfer the case to Kuching Magistrate Court asap.
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answered on Nov 28, 2010 at 10:59
by   BRM Chang
@1818,
Thanks for the tip. I am not doing my homework to get particular of the said case.

@Notalawyer,
Thanks also for the tip. I have checked the schedule from my friend at Miri. The mention time was held at 9am before Tuan Nasrul Hadi.

I am in opinion to apply for transfer. However, one thing that I would like to ask all of you, in the event that I might lose the case, then does it would incur more cost to me if the application to transfer the case from Miri Magistrate Court to Kuching Magistrate Court appproved?
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answered on Nov 28, 2010 at 11:01
by   BRM Chang
@1818,
Thanks for the tip. I am not doing my homework to get particular of the said case.

Correction: I am now doing my homework to get particular of the said case. Based on your experience, what are the holes that I can do fishing?
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answered on Nov 28, 2010 at 13:38
by   1818
@Chang,

You don't need to worry about the holes yet, when the time comes, you're welcome to use some of mine - compliments of notalawyer.

Besides the RM600-RM700 legal fee the bank will be charging you, each time you meet their lawyer in court, it costs you RM150 (well, at least in KL) but you need not pay on the spot, all legal fees will be billed to you like your credit card statement.

For me, I have ZERO intention to pay the bank, so it doesn't matter if I meet their laywers 1 or 10 times - ever! I am migrating. Already got my PR.
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answered on Nov 28, 2010 at 15:24
by   1818
If I am not wrong, that summon to appear in court already costs you RM600 to RM700 but it should include the RM150 for their lawyer to be there.

Since your total debt is only a few thousand RM, now you have to fly to court and likely stay a night in hotel, are you sure you are doing the right thing?
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