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Can it be considered statute barred debt?

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asked on Sep 10, 2016 at 05:32
by   Cheah
Hi, I owed service charges for my shop lot since 2003 and could you please advice me whether it can be considered statute barred debt since it was 13 years already. Can the management company take legal action against me to recover the debt? Thank you for your advice!
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answered on Sep 19, 2016 at 21:52
by   Cheah
Jeff005. Noted and with thanks for letting me know.
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answered on Sep 19, 2016 at 22:04
by   Cheah
Hi vkpc. 800 for 30 mins, to me a bit on the high side. I dare not imagine how much it will cost me for the lawyer to represent my mom in court. I don't mean that he does not worth the price, maybe I am naive. Anyway save some bullet first! I am more comfortable with the price range of around 400- 500.
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answered on Sep 20, 2016 at 00:20
by   jeff005
edited Sep 20, 2016 at 00:31
by   jeff005
young man.
that rate is for 5 star litigation cases,
it was to discourage you from doing some silly thing like going for legal consultation for a simple case like your mother's, at this stage.
You have already learnt so much here alone that you can help your mother to fight the case in court.
For your mother at her age to travel thru and fro is tedious.
You can help your mother to Self Represent (without the need of lawyers).

Personal Opinion/View (non-legal)
1. Lawyers are not accountants. They will still ask you to present figures to the court.
2. Your mother will still have to go back to pinang to sign docs for the lawyers just to file in court.
3. I have guided you on the accounting part.
4. You will get guidance on how to fight from THE AVENGERS. There are Avengers in Pinang.
5. Just find as much more documents from fellow units owners to strengthen your case.

Just do not over-worry too much
Wait for a saman (if any)
They may be just doing a "bluff".

No need for lawyer consultation at this. The lawyer will also tell you to wait for saman in court.

Hakuna Matata

Btw, your mother rented the unit out? Just make sure U pay the current rental promptly, then no issues. What merchandise is sold in your unit?
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answered on Sep 20, 2016 at 00:52
by   vkpc
As advised earlier,
Perbadanan Pengurusan Komtar Fasa Satu is the Management Corporation (MC) for Komtar.
The operations of this MC is bound by the Strata Titles Act.
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answered on Sep 20, 2016 at 00:54
by   vkpc
I am more comfortable with the price range of around 400-500.
It is up to you to negotiate the price.
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answered on Sep 20, 2016 at 02:00
by   Cheah
Jeff005. I have been paying my service charges promptly for the past 4 years. Is rented out for a mere 800 only and I pay service charges 346. Left 334. 
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answered on Sep 20, 2016 at 02:01
by   Cheah
Hi vkpc. What does it mean mc bound by strata title act?
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answered on Sep 20, 2016 at 03:39
by   vkpc
What does it mean MC bound by strata title act?

For example. Strata Titles Act ( a set of law ) says that AGM and election has to be held every 15 months, then the MC have to hold AGM and election before 15 months is up.

Buildings Act says only the Chairman can call for meeting.
So, in a JMB, only the Chairman has the power to call for meeting.

I was once a Chairman of an MC for 2 terms.
So I know quite a lot about MC stuff.
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answered on Sep 20, 2016 at 03:50
by   vkpc
You can "pakat" with many other owners to elect your mother as Chairman in the next Annual General Meeting ( AGM ), then your mother can ask the komtar lawyer to stop all lawsuits for old debts.

Problem solved.
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answered on Sep 20, 2016 at 03:59
by   Cheah
Hi vkpc, great idea. Should do that then I don't have sakit Kepala!
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