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Summon for hearing in this coming tuesday( 24/11) pls help

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asked on Nov 22, 2009 at 00:46
by   Worry And Scare
Notalawyer,

Good evening sir.

I was retrench due to the Global Crisis last year. Since then, I lost my high income job and using my saving fund to support myself and my wife.
I owe credit card debt from several banks more than 150K. They(Banks and their debt collectors) has been harassing me to pay them money. I did do so till I really running out of saving.

Now, I and my wife are car sale consultants and with a basic income of RM 500. the commission is up and down. We read your thread and find out that as long as the my debt with the bank is not exceeding RM 30k, I will not be sued for bankruptcy. Therefore, I was very release.

Until today, I went back to home town and received two summon letter- Alliance bank (sum owed RM 12208.80) and
Standard Chartered Bank (Sum Owed RM 16563.71). I am very worry now. Their hearing date is 24 nov and 30 dec.

I dont know what to do!The hearing is in this coming TuesdayCan you pls help me?

1) what is the procedure of hearing?
2) What should I say?
3) After the  hearing what will be happening?
4) Since I dun know anything can i defend my self?
5) The summon also include a letter like for me to fill up such as::-
a) I agree that I owe them this amount of money and I offer to pay them with installment of RM XXX and started from (date) 2009, What should i be  
    filling????
b) My current job?
C) My total Income? since my comission is not fixed so how?
d) I have how many dependant
e) My Rental
f) My monthly installment of other expenses is....? what should i write?

I am so sorry that I need to trouble you. Your answer will be highly appreciated. Thanks
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answered on Nov 22, 2009 at 12:53
by   notalawyer
1) what is the procedure of hearing?
2) What should I say?
3) After the hearing what will be happening?

Read the Chapter "Your First Day in Court"

4) Since I dun know anything can i defend my self?
Unless you can find good holes, in your case it looks difficult to win.

5) The summon also include a letter like for me to fill up such as::-
a) I agree that I owe them this amount of money and I offer to pay them with installment of RM XXX and started from (date) 2009,
What should i be filling????
b) My current job?
C) My total Income? since my comission is not fixed so how?
d) I have how many dependant
e) My Rental
f) My monthly installment of other expenses is....? what should i write?


No need to fill up this form.  If you fill, it means you admit to their claim.
Do you have any assets like car, house, land or shares?
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answered on Nov 22, 2009 at 14:06
by   Worry And Scare
1)Read the Chapter "Your First Day in Court" Do you means the book that you recommend in MPH?

2)Yes, I do have. I have one car and 2house joint name with my wife( the payment for this three property is ok). My wife also in the same situation but she didnt recieve any summon. And her amount is quite small.

3)I also understand that you also advice people who have property transfer the name to other people. It that means the property need to do the housing loan again? If that is the case, since my wife name is still in the safe side, but she will not be able to get loan, what should I do?

4)Can I still go to the AKPK? The reason that I didn’t go is that the my basic is only RM 500 and the commission is depend on the number of car I sold and deliver. With such uncertainty salary will they still able to help?
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answered on Nov 22, 2009 at 16:44
by   notalawyer
1)Read the Chapter "Your First Day in Court" Do you means the book that you recommend in MPH?
No. Not the book.
This chapter is inside the thread titled "Representing Yourself in Court to Fight Banks".  Find it in page 2 or 3.

3)I also understand that you also advice people who have property transfer the name to other people. It that means the property need to do the housing loan again? If that is the case, since my wife name is still in the safe side, but she will not be able to get loan, what should I do?
Don't try to sell the house to wife or relatives. They will take it back.

4)Can I still go to the AKPK? The reason that I didn’t go is that the my basic is only RM 500 and the commission is depend on the number of car I sold and deliver. With such uncertainty salary will they still able to help?
You can try, but most likely they cannot help because of your low pay.

You still have time to sell the houses, because the amount owing won't become more than 30k so soon.
Sell the houses to strangers, not relatives. This is important.
Rent another house so debt collectors cannot find you.
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answered on Nov 22, 2009 at 17:45
by   Worry And Scare
Notalawyer,

Thanks for your help.

That means now I need to prepare a notice of appearance and deference?

If after the first day at court, the judge grant me the time to postpone the case. What should I do next?

Even though, my basic is very little but my commission is high and i have consistently get the amount of commission. after i pay the house loan and car loan it will left about RM2k. Will AKPK consider? when i have extra, can i settle the debt earlier?

It is a must to sell out the house now? I really dun want to let go the house as this is very important to me to fight for my situation now. it motivate me to do more sale.And currently I am very prompt to pay the house loan and car loan.
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answered on Nov 22, 2009 at 20:52
by   notalawyer
If after the first day at court, the judge grant me the time to postpone the case. What should I do next?
File Notice of Appearance and Defense.

Will AKPK consider? when i have extra, can i settle the debt earlier?
Normally no as the case already at court, but as I told you, no harm trying.
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answered on Nov 23, 2009 at 03:33
by   Worry And Scare
Notalawyer,

since my two case is each owed amount is RM 12k and RM 16k. If I admit the plaintiff claims, what will happen till the two sum exceed 30k (three to four years time)? Coz I am considering what choices i have as i still couldn't find any loop hole on my case to make deference.

the notice of appearance and deference must file togather or i can file separately?
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answered on Nov 23, 2009 at 04:38
by   Worry And Scare
notalawyer,

beside this, I also would like to check whether I still can be traveling to oversea as I have book ticket to visit my brother during christmas time?
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answered on Nov 23, 2009 at 12:36
by   notalawyer
I also would like to check whether I still can be traveling to oversea as I have book ticket to visit my brother during christmas time?
Can. Until you become a bankrupt.

If I admit the plaintiff claims, what will happen till the two sum exceed 30k (three to four years time)?
Usually nothing until then.
If nothing happens for 6 years, then its all over.
In 4 years time, if the bank sees you still got houses, and you are contactable there is a higher chance they will try to make you bankrupt.
If not, there is a better chance they will give up.

If you want to admit to their claims, then no need to go to court.
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answered on Nov 23, 2009 at 12:39
by   notalawyer
the notice of appearance and deference must file togather or i can file separately?
File the Notice of Appearance 1st.

File the Defense before the deadline which will be given by judge.
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answered on Nov 23, 2009 at 17:50
by   John Lee
Hi Notalawyer,  i must commend you for your unfading voluntary help in this forum. I do not have enough words to describe your good deeds to people in this forum. I believe heaven will record all your good deeds. I believe you are doing this not because you want rewards but because you care and live for the sake of others. Kudos!

My questions in bold below:

If I admit the plaintiff claims, what will happen till the two sum exceed 30k (three to four years time)?
Notalawyer's answer: Usually nothing until then.

If nothing happens for 6 years, then its all over.
My question: 6 years from where? U mean if the bank does not take action after 6 years, the case is no more (something like write off). Meaning to say even if the debt is RM30k during the 6th year and if the bank does not sue the debtor for bankruptcy, immediately after 6 years, the debtor is like a free man from potential bankruptcy, right?

In 4 years time, if the bank sees you still got houses, and you are contactable there is a higher chance
they will try to make you bankrupt.
What if a debtor has no assets and properties but he is contactable, do you think the bank will still sue the debtor for bankruptcy when his/her debt reaches RM30k and knowing that the debt recovery for the bank in this instance is non-recoverable or zero. What is the chance for the bank to give up?
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