Advertisement

Waran Tangkap ( Warrant of Arrest )

1853 Views  ⚫  Asked 1 Year Ago
asked on Nov 25, 2016 at 02:28
by   jeff005
edited on Nov 25, 2016 at 03:37
by   jeff005
This Article is in response for the next tactic recently used by unprofessional Bill Collectors.

Refer to https://www.lawyerment.com/answers/questions/9936/courts-keluarkan-warran-sita-dan-saman-sebab-langgar-perjanjian-adakah-ini-betul?g=7#tab-top



Reply posted by Wawa

0 had this question
Me Too
0 favorites
Favorite
[ share ]
18 Answers
 1   2   Next »  Last »

answered on Nov 25, 2016 at 03:10
by   jeff005
edited Nov 25, 2016 at 03:49
by   jeff005
..

WARAN TANGKAP 
Owing Banks moneys is NOT a crime. So, there cannot be a arrest warrest issued.

WARRANT TANGKAP ISSUED
If this is issued in conjunction with debt litigation cases (rarely) it is the fault of the JD.
The following conditions could have occured.

1. The Debtor has been haul to court.
2. The Debtor have attended court personally.
3. The Court have made the debt defaulter a JD (Judgement Debtor).
4. The JD agreed to pay the JC (Judgement Creditor - Bank ) in the presence of the Judge.
5. It will entered in to the judgement to pay the creditor by installments or likewise.
6. It will be for a specific period, example 2 years.
7. Within this period the bank cannot proceed or commence further court actions.

Problem starts
8. The JD could not keep up with the repayments again.
9. End of the 2 years up, there is still balance in the Judgement debt.
10. The bank lawyer files for "Commital Order" against the JD to attend court and settle the debt.
11. This time the Debtor did not attend court for reasons unknown to others.
12. After postponement of 2 or 3 hearings, the Debtor still do not attend court proceedings after being "SERVED" the notice to attend court, the court will issue a "Warrant of Arrest" to commit the Debtor to attend the court hearing. It is for "CONTEMPT OF COURT" against the Commital Order.
13. This Warrant of Arrest is NOT APPLIED by the bank lawyers in court.
14. Even if there is an unfortunate "arrest", the debtor can be bailed out within hours or out on "Police Bail". This is not a criminal offence and the police is not interested to keep the debtor in "lockup". 
15. The best solution is to attend court and if really cannot pay, tell the Judge, cannot pay. Do not make any commitments you cannot fulfill. Let the creditor commence on next course of legal action in a court of law. The court cannot jail a poor person who cannot afford to pay.

The above information was shared by different parties to me and cannot be verified.

I am sharing it out to give an insight on the rare possibilities of this "Waran Tangkap".

It would be nice if Tuan @kiki can translate into clearer terms and amendments to any errors in Melayu for the benefit of all.

Thank you for reading.
0 found this helpful
Helpful

answered on May 19, 2017 at 17:32
by   mangsa courts
Hello mr jeff... 
I need your help.. Just coming debt collector's despatch berikan surat utk saya sign bagi.. Katanya utk process seterusnya. Brgan courts 2009 dah diambil 2011.. Sekarang 2017.. Baki RM3, 136.17..perlukah saya sign borang yang diberikan.  Mohon bantuan
0 found this helpful
Helpful

answered on May 19, 2017 at 17:53
by   jebat
perlukah saya sign borang yang diberikan.

Tak perlu.
Tandatangan tak boleh di paksa.
0 found this helpful
Helpful

answered on May 20, 2017 at 03:47
by   jeff005
@ mangsa courts

perlukah saya sign borang yang diberikan.
Apabila sign dah mengakui debt ini.
Dah lepas 6 tahun.. tak bolih ambil tindakan di Makhamah..!!
0 found this helpful
Helpful

answered on Sep 11, 2017 at 17:22
by   mangsa2017
hai mr jeff, can you help me?
I just wondering, husband & I, hutang dengan courts, tp husband sy shj yg dpt call dr "lawyer" utk sita barang. saya mengaku memang ada tunggakan disebabkan masalah kewangan saya, tp bila suami sy shj yg dpt call sy jd pelik sebab tunggakn kami sama 5 bulan. suami sy, brg henfon, sy perabot. ada syarikat guaman call suruh setel tunggakan RM1.8K pd hari yg sama sebab dia kata collectors akan smpai dgn pihak polis utk sita barang. budi bicara dia sy kene byar 900 dlm masa satu bulan. tp bila sy baca forum dekat sini dia, sy jd 50-50 nk byar tunggakan tu, sbb hujung bulan gaji sy bnyk utk byar lain. bnyak commitment sy. perlu ke sy byar tunggakan tu? bila sy call nama syarikat guaman tu, dia kata dia Tuan Malik dr syarikat (RAFII & PARTNER). BOLEH TLONG SY MR JEFF?
0 found this helpful
Helpful

answered on Sep 11, 2017 at 19:00
by   jebat
dia kata collectors akan sampai degan pihak polis untuk sita barang.
Beritahu dia, bila polis sampai dengan perintah sita, baru cerita.
1 found this helpful
Helpful

answered on Sep 11, 2017 at 19:35
by   jeff005
edited Sep 11, 2017 at 19:35
by   jeff005
@mangsa2017

Mereka adalah pengutip hutang. Jangan bimbang. Takde hal mahkamah. Cuba Buat bayaran sikit demi sikit untuk selasai hutang ini. 

Polis tak campur dengan hal hutang wang.

Sy pun Tuan Malik Datuk Jeff Lee.
1 found this helpful
Helpful

answered on Sep 11, 2017 at 19:59
by   notalawyer
2. The Debtor have attended court personally.
3. The Court have made the debt defaulter a JD (Judgement Debtor).
4. The JD agreed to pay the JC (Judgement Creditor - Bank ) in the presence of the Judge.
5. It will entered in to the judgement to pay the creditor by installments or likewise.


Hi Jeff005,
Please note that in a Consent Judgement as detailed by you above, even though a Judgement Debtor has consented to pay in installments but defaulted in the payments again, that default is not  contemptuous.  Because of this no warrant of arrest will be issued and no contempt proceedings can succeed.

Only in the case where a Judgement Debtor Summons ( JDS ) is filed and the debtor defaults again after a JDS consent will it be contemptuous.
Please note that a JDS cannot be filed together with the Writ, meaning it can only be filed after Judgement.
Please note that a Judge cannot force a debtor to consent to an installment plan in a JDS proceedings if debtor can show that he/she has no disposable income.  ( extra funds after expenses )
This is the reason why most banks do not file for JDS.
Do not confuse a Consent Judgment to a JDS Consent Judgement.
1 found this helpful
Helpful

answered on Sep 11, 2017 at 20:02
by   notalawyer
Cuba buat bayaran sikit demi sikit untuk selasai hutang ini.

This is bad advice as it may reset the Limitation period.
Jangan ikut nasihat di atas.
0 found this helpful
Helpful

answered on Sep 12, 2017 at 15:10
by   jeff005
@ notalawyer

Hi Sir

Noted. Tqvm for your teachings here :-
Consent Judgment
JDS Consent Judgement.
bad advice as it may reset the Limitation period. 
&
Interlocutory matters

Rdgs
JL
0 found this helpful
Helpful


 1   2   Next »  Last »

Your Answer





By posting your answer, you agree to the privacy policy and terms of service.