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asked on Sep 1, 2017 at 16:32
by   PS1818
Good day!

I received a first Kuala Lumpur Majistret Court Writ which issued by the bank's lawyer for Statement of Claim of credit card debt. I have been late for five (5) months of unpaid payments to the bank's due to unemployment. As of to date I still owe to the bank's of RM7,000.

I was unemployed since last year, April 2016, and until to date.  Despite unemployment , I still made prompt payments to the bank's with my available savings until I reached the maximum that I am unable and having difficulties to proceed with the following payments, the caused, run out of savings. But I am constantly  looking for a job opportunities.

What should I do with the first court writ received?

Do I have to attend to the court?

The Writ has been fixed for case management on 20.9.2017. Time to attend to court were not mentioned/stated on the court writ.

Your kind advise is much appreciated.

Thank you.
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answered on Sep 1, 2017 at 18:04
by   jeff005
edited Sep 1, 2017 at 19:22
by   jeff005
I received a first Kuala Lumpur Majistret Court Writ 
How big are the other cc debts?

What should I do with the first court writ received? 
Do I have to attend to the court? 

You should attend court whether you can or cannot repay, unless you can come to an agreement for reschedule payments to this bank.

Time to attend to court were not mentioned/stated on the court writ. 
You can check here for the time. 
https://efiling.kehakiman.gov.my

Go  b4 9am anyway or you can be made a Judgement Debtor in Default.
Use the file number stated in the writ.

Impt note :-

You have to file Notis Kehadiran  (Notis of Apperance) within 14 days.
Failure to do so, oso kena JID. (Judgement In Default)

U can approach  AKPK  for further advice to your debts.
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answered on Sep 1, 2017 at 19:00
by   PS1818
Hi jeff005,

Thank you for your reply.

I have 1 more cc debts; RM11,500.This bank has not issue a court writ.

The location to attend to court is at Jalan Duta?

Please advise how do I file for Notice of Appearance? Pardon me, it is my first court writ and no idea on how to proceed further.

Furthermore, how do I verify if the court writ is authentic?

I was an AKPK DMP member. Due to 5 consecutive months of unpaid payment, AKPK terminated my DMP status and no longer protected under AKPK rules, despite sharing my difficulties due to unemployment to proceed with payments.
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answered on Sep 1, 2017 at 19:26
by   jeff005
Please advise how do I file for Notice of Appearance?
Read thru the past one year under this section of the forum. The format is there.

The location to attend to court is at Jalan Duta? 
Furthermore, how do I verify if the court writ is authentic? 
Chk wit e-filing
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answered on Sep 1, 2017 at 21:11
by   vkpc
Please advise how do I file for Notice of Appearance?

There is a sample format in William Chan's book.
You can buy this book from jeff005.
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answered on Sep 2, 2017 at 03:08
by   PS1818
Thank you vkpc but I have limited time available now.

The writ has been fixed for case management on 20.9.2017.

The bank lawyer filed at the court on 18.8.2017 and paid RM100. The cover letter from the lawyer is
dated  22.8.2017, and I only received the court writ from the lawyer via Registered Post on 24.8.2017.

BTW, I check again and again that the court writ no. doesn't seem exist or no record matched.

Time and exact venueto attend to court also not mentioned in the letter.

Shall I file for notice of appearance at Jalan Duta?

I hope guys can furnish me more information and the next steps.

Thank you.
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answered on Sep 2, 2017 at 05:54
by   jeff005
edited Sep 5, 2017 at 21:26
 
@ kiki

Minta tolong puan cuba cari file ini. Saya sudah tried several combinations, tak dapat juga.

WA-AXXNCC-XXXXX-08/2017 

@ PS1818

This is the kiasu bank that is the worse ever posted on this forum. I have no doubt that the possibility that of them filing for RM7,000 is there. I have seen from this bank even RM3,500 Writs.

There could be typo error of the file number. No doubt on the surface is WA-XXNCC is Jalan Duta courts. Tried to use several options to search for different dates, Penolong Kanan Pendaftar (PKP). But probably server down or my PC is playing me up again.

You can go to any courts nearest your city and do the e-filing if you are not in KL. No need to come to KL. But on the hearing date you must  attend but you have to prepare yourself on How To answer the Judge on how to pay the full Sum. There is no longer installments plans. The answer of "No work, no moneys to pay" does not apply in courts.

The fact your AKPK DMP has been terminated already warrants an immediate lawsuit. This kiasu bank is a very determined crack nut.
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answered on Sep 2, 2017 at 15:17
by   vkpc
Post the whole unedited Writ and Statement of Claims here for checking.
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answered on Sep 2, 2017 at 16:49
by   vkpc
Shall I file for notice of appearance at Jalan Duta?
Yes, and don't delay any further.
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answered on Sep 2, 2017 at 17:21
by   jeff005
edited Sep 2, 2017 at 17:25
by   jeff005
The PKP is real. Kaisu bank's lawyers do not dare to use real PKP's name. They can go to jail..!!



PS.. use your full name and k/p number and google. Sometimes it might come out... something
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answered on Sep 2, 2017 at 19:08
by   PS1818
@Jeff005

@vkpc

Thank you for the useful info.

I will do filing of Notice of Appearance on Monday and let you guys know if this kiasu bank really 
Summons me in court.

P/S : I still received text messages from kiasu bank for installment plan 🤔
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