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Congrats to Aurora for High Court appeals win

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asked on Feb 16, 2015 at 14:27
by   notalawyer
This thread continues from
http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-2933.htm

Hi Aurora,
Now comes hard part, to win again at the full trial.
Please prepare your defense and post it here for checking.
You don't have much time left, and pls don't do things last minute again.
Also post the Draft Perintah for your High Court win here, you need it to pressure the bank to give up.
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answered on Mar 4, 2015 at 16:54
by   Aurora
Dear Notalawyer

Kindly comment on my draft cover letter to the lawyer, as copied and pasted from Gladt's: -

Your Ref: LIT/------

--.03.2015

MSSRS ----                  A.R. REGISTERED
ATTN.: -----

RE: RAYUAN GUAMAN SIVIL NO: ----
    GUAMAN NO: ----
    - SEALED COURT ORDERS

Please find attached herewith a Sealed Court Order dated 13.02.2015 and 11.11.2014, respectively for the above matters.

Kindly make full payment of the Judgment Sum within 14 days of this letter, failing which we will proceed to execution without further notice to you.

Thank you.

Yours faithfully,
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answered on Mar 4, 2015 at 17:00
by   Aurora
Dear Notalawyer

My defence is still not ready to be extracted from efiling after more than a week being filed at the court. Is it correct to assume that they have yet to fix a date on the hearing and thus this delay?

Now that I am going for a full trial, what do i do next Notalawyer? Will the bank file anything to stop going for a full trial?
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answered on Mar 4, 2015 at 18:46
by   notalawyer
Please find attached herewith Sealed Court Orders dated 13.02.2015 and 11.11.2014, respectively for the above matters.

Kindly make full payment of the Judgment Costs Sum of RM800 within 14 days of this letter, failing which we will proceed to execution without further notice to you.
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answered on Mar 4, 2015 at 18:53
by   notalawyer
My defence is still not ready to be extracted from efiling after more than a week being filed at the court. Is it correct to assume that they have yet to fix a date on the hearing and thus this delay?
Not sure about reasons for delay.
Do not wait to extract defence, just print another copy of your defence and mail it to bank lawyer by registered mail ASAP. ( accompanied by another cover letter )

Use AR Registered mail for the letter asking for RM 800 payment.
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answered on Mar 4, 2015 at 18:55
by   notalawyer
Now that I am going for a full trial, what do i do next Notalawyer? Will the bank file anything to stop going for a full trial?

Don't worry, banks are very scared of full trials, more scared than you.
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answered on Mar 4, 2015 at 19:40
by   Aurora
Thank you Notalawyer. Ill send out the doc to the lawyer tomorrow.

Ive sent my defence to the lawyer on monday.

Thank you for your enlightement.
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answered on Mar 9, 2015 at 13:44
by   notalawyer
My defence is still not ready to be extracted from efiling after more than a week being filed at the court.
It is possible that the Magistrate Court is not yet informed of your appeals win at the High Court.
Maybe you should give them a call.

Have you taken back your RM100 deposit from the High Court?
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answered on Mar 16, 2015 at 22:27
by   Aurora
Dear @Notalawyer

Finally it stated on the Efiling that it has been processed. I guess now i would just have to wait for the letter from the magistrate.

I have searched high and low on claiming the deposit but couldnt find any. When i file my notis rayuan, i paid RM200 filing fee. If thats a fee how do i claim it?

My apology for very late reply. Its been hectic at both work and home fronts.
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answered on Mar 17, 2015 at 00:26
by   notalawyer
When i filed my Notis Rayuan, i paid RM200 filing fee.
I think the RM 200 should be in separate receipts, RM100 each.
One receipt is for the fee which cannot be refunded and another receipt is for deposit which can be refunded if you win.
Just bring both receipts to High Court counter and say you want to get refund on your deposit.

Did the bank reply to your letter asking for RM800?
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answered on Mar 17, 2015 at 15:51
by   Aurora
Good morning @Notalawyer

Theres only 1 receipt for RM200 when i filed the notis rayuan though.

The Bank nor the lawyer didnt reply to my letter. From my calculation, the 14-day deadline will be this Friday. How do i write to them this time around if nothing comes out from my first letter?
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