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Penghakiman Ingkar Kehardiran
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asked on Aug 29, 2011 at 11:50
by   Nick wong
Hi, I received another letter of Penghakiman Ingkar Kehardiran copy from Bank lawyer. Does it means the plantiff has applied the judgement order from court? I didn't received any letter of notis kehardiran earlier.Can i appeal at appeal court as i didn't receive first letter to contest?What can i do now?
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answered on Aug 29, 2011 at 12:03
by   vkpc
Did you receive the summons to go to court?
If you did not receive, call up the bank lawyer and ask them to fax to you a copy of the summons.
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answered on Aug 29, 2011 at 12:20
by   Nick Wong
Hi vkpc,
Is the summon still can help me at this stage? I think the judgement order already filled without our knowledge.

The content wrote as below.

TIADA KEHARDIRAN telah dimasukan oleh Defendan dalam tindakan ini MAKA ADALAH PADA HARI INI DIHAKIMKAN bahawa defendan hendaklah membayar kepada plaintif:-.....

Bertarikh pada 16 haribulan OGOS 2011
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answered on Aug 29, 2011 at 13:04
by   vkpc
After they fax you the summons, ask them to fax you the proof of postage of the summons to your address.
If they posted to the wrong address, you can apply to the court to set aside the Penghakiman.
Talk to them nicely, politely and in a friendly way.
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answered on Aug 29, 2011 at 15:34
by   Nick wong
Thanks vkpc, not managed to call lawyer firm, could be closed for holiday. will try it again next week. hope i can appeal for judgement order.
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answered on Sep 5, 2011 at 12:37
by   Nick Wong
Good day VKPC,

I manage to call the bank lawyer, they explain to me that the summon letter is send via registered post. That's mean no need proof to postage to set me default judgement. Is there still chance for me to set aside judgement as i see typo mistake of my address?
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answered on Sep 5, 2011 at 12:41
by   vkpc
Ask them politely to fax you the Registered Post Receipt. (this is the proof of posting)
Check the address written there carefully.
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answered on Sep 5, 2011 at 23:12
by   Nick wong
Vkpc,
The lawyer saying there is a clause in personal loan that there is no need proof of registered post to set me default judgement. I don't have the copy of personal loan agreement to check if is correct or their excuse.Can the court accept file for set aside judgement as reason that i didn't received any summon-without registered post receipt as supporting document?
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answered on Sep 6, 2011 at 07:46
by   vkpc
So the question is, did they send the summons by Registered Post or not?
If they did send by Registered Post (as they claimed earlier),
there is no reason why they will not show you the receipt.

Ask them again whether what method they sent the summons.

Can the court accept file for set aside judgement as reason that i didn't received any summon-without registered post receipt as supporting document?
Some judges don't check properly.

Did you receive a Letter of Demand from them?
Ask the lawyer to fax you the personal loan agreement clause as well.
If the lawyer is not cooperative, you have to draft an official letter asking for the proof of posting receipt and send to them by registered mail.
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answered on Sep 6, 2011 at 11:43
by   Nick wong
Yes, i did received letter of demand from lawyer firm. Is there any helps?

The lawyer says that the summon can be send in normal mail as stated in personal loan agreement clause. But, the summon didn't served to me as the address is correct as my home address.

Can i just file to setaside judgement first, then the lawyer will find the proof of my summon received? I worry they will start to execute judgement very fast.

Many thanks vkpc.
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answered on Sep 7, 2011 at 10:22
by   vkpc
Did they fax you the agreement clause?
How much you owe the bank as stated in the Perintah?
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