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Court proceedings

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asked on Sep 29, 2009 at 13:39
by   Takethemon
Hi,

I am like many others who have been using this blog, in that I owed many banks money which
I am not able to pay. As expected banks will start to bring us to court and sooner or later
they will obtain judgement against us. Of course I am now in my 50s and I have been unemployed
for the last 16 months. The total amount owing to the banks is estimated to be around RM 180K
inclusive of interest.

I have been accessing this forum and I have been reading comments and advices from many on
matters that are similar to my situation.

I have attended court on my own yesterday 28 Sept on a case for RM17K. The court has granted
me a month grace to file my defence.

I am ready to face all the other bankers and mentally prepared to be a bankrupt eventually.
However I still want to defend all the cases so as to prolong bankruptcy procedure against me.

Need advice on the followings

1) My case is being held in KL and I am now residing in Penang. I wish to apply for my case
to be transferred to my hometown. How to go about doing it?
2) Aside from the first bank that brought court proceedings against me, the other banks had
been silence. I have yet to recieve any letter of demand from them. I have been under AKPK
programme for 8 months but stop paying after I have become unemployed. My fear now is that they
might have started proceedings without my knowledge and might also obtain judgement for my
debts. Question : Is there a place when I can check whether I have been serve summonses to
appear in court.?
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answered on Sep 29, 2009 at 17:55
by   firefly
Did you read the thread on "How to Represent Yourself....."?
Which court in KL was it?  Is it Sessions Court or Magistrates Court?
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answered on Sep 29, 2009 at 19:27
by   notalawyer
If you have moved address, go back there and check whether there are any registered cards or not.
If there are, call the banks one by one and ask them whether they have sent you any letter of demand (LOD) or summons.
They will give you a copy or they will give you the contact of the law firm to get a copy.
Call up the law firm and ask them to fax the document to you.  They cannot decline.

If you have never changed address, you should be quite safe...

Good Luck.
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answered on Sep 30, 2009 at 00:14
by   Takethemon
Hi Firefly & Notalawyer,

Thanks for the tips. I have been following this blog for a while and infact got
the courage to attend court representing myself after learning the tips from here.
Of course for my case, it is less pressing coz I am prepared to be a bankrupt eventually
as I have already sold my house and I have no other assets under my name. As for my
EPF I am now pretty sure none of the banks are able to touch it. The car I am driving
is under my sister name and the family other cars are under my wife and my daughter.

I just want to go through the motion and acquire as much experience as possible so that
I could share my knowledge and experience in this blog.

I will check with the banks one by one as advice and will also refer to the subordinate
court rules which I already bought to file in my defence and request for a transfer of
my case to Penang. For you info I was summon to a magistrate court.

Thank You once again. I am now pretty confident on how to go about facing the bankers
and the impending court cases. But rest assurred I will contribute my time here to help others.
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answered on Sep 30, 2009 at 02:41
by   notalawyer
For the transfer application, you should file in the application and a supporting affidavit.
In the supporting affidavit, you swear that your grandmother have cancer and needs constant care.
So you cannot travel so far away to KL each time.
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answered on Sep 30, 2009 at 15:34
by   Takethemon
Hi Notalaywer,

Thanks for your advice. I am now more ready to fight my case.

Will let you guys know of the outcome in due course.

Thank you once again.
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answered on Sep 30, 2009 at 18:07
by   notapro
hi Takethemon,

Please contribute your time to help others in this forum
as i can see notalawyer needs more helpers/contributors.

The harvest is plentiful now but shortage of workers.

i would certainly give my contribution here.

Cheers.
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answered on Sep 30, 2009 at 19:06
by   vkpc
Yeah.
We need more helpers.

notapro,

How do you change the font size and color?
How do I edit a previous post?
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answered on Sep 30, 2009 at 19:59
by   notapro
hi vkpc,  answers to your questions:

How do you change the font size and color?
Ans: At top left-hand side of this page, click "Help" and you will see all the examples there on how to do it
including putting up images/pictures in your posting message(s).

How do I edit a previous post?
Ans: As far as I know, I am unable to find any edit button here.
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answered on Oct 1, 2009 at 16:06
by   Takethemon
Hi Notapor,

You sure bet I will give back what I  have learned to those who
are ready to recieve for it was through this forum that
I have gotten the courage and confidence to live life despite being
unemployed and carrying RM 180 K of debts coupled with the possibility 
of facing bankruptcy any moment.

Looking forward to my contribution in the near future.
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answered on Oct 1, 2009 at 19:01
by   notalawyer
Alternatively, you can also swear that you are unemployed and staying in Penang,
therefore cannot afford the traveling costs each time to KL court.

Actually it is possible to delay the defense filing and file the application for transfer first within the 30 days.
(this gives you more time to think of holes).  Don't forget to send a copy to the bank law firm by registered mail.
Then at the 2nd mention, the judge will set a new hearing date for the transfer application.
(You must speak up to say that the defense has filed an application for transfer and ask to set a hearing date if the plaintiff objects.)

If you win at the hearing, then a new mention will be called in Penang where you can ask for another 30 days to file the defense.
Then the bank lawyer will have to travel up and down instead.  Hopefully it discourages them.
If you lose, then the judge will ask you file your defense within 14 days.

The only thing we have to fear is fear itself.
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