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Summons for unpaid maintenance fees

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asked on Oct 2, 2017 at 14:49
by   somebodysaidso
edited on Nov 7, 2017 at 07:03
 
I received a lawyer’s letter last week summoning me to court within 14 days for unpaid maintenance fees on my home amounting to over RM11,000. 

This set off a can of worms. I do not work; my husband pays all our bills. This is how I found out that he has a bad gambling addiction and has been successfully hiding it up till now. 

Until I get us back on firm financial footing, I cannot address my personal life, which is basically torn apart due to trust issues. 

My question is, I am trying to negotiate a payment plan but in the meantime:

1) What happens if I don’t attend court? I own my home outright — bank loan has been paid off. 

2) What happens if I don’t attend court BUT I pay off my debt? I have about RM3,500 in hand that I can pay now and within the next two months will be able to pay it ALL off after funds from some work I did come in. I explained this to management but not sure if they will allow me to the extension of two months that I asked for. 
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answered on Oct 2, 2017 at 15:59
by   IamSayingSo
edited Nov 7, 2017 at 07:03
 
Just put a proper rescheduled payment backed up by post-dated cheques in writing will do.
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answered on Oct 2, 2017 at 16:27
by   vkpc
1) What happens if I don’t attend court? 

If you don't attend Court, Judgement in default will be entered against you.
This means that the Court will order you to pay the full amount.
Using this Court Order, the Management can execute a Writ of Seizure and Sale on your home items ( although this rarely happens )

If you plan to attend Court you need to file in a Notice of Appearance at the Court within 14 days of receiving the Writ Summons.  ( do not wait until the Court date )

Instead of begging for mercy at the Management Office, I suggest you attend Court to defend and drag the case.  By dragging the case in Court, you get several advantages.

a.  you get some time to sort out your finances
b.  the legal/lawyer fees for the management pile up and will cost more than RM 11k whereas your costs are only petrol, toll, time, printing and filing fees which will be less than RM100. 

This will make management come to you to negotiate to settle and withdraw the writ.
When they do that, you can propose an installment plan. 

Post image of writ summons here for checking.
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answered on Oct 2, 2017 at 16:45
by   somebodysaidso
Thank you for your response. I am out at the moment but will post a pic of the Writ when I get back. 

How do I file a Notice of Appearance as you mentioned?
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answered on Oct 2, 2017 at 17:04
by   vkpc
How do I file a Notice of Appearance as you mentioned?
Search for a sample Notis Kehadiran in this forum.

Alternatively, you can also get William Chan's book from Jeff005.

After printing 2 copies of the Notis Kehadiran, go to the Court ( the one mentioned in the Writ ).
Look for the filing counter and give them a copy. They may scan your Notice to put in their website.
Pay about RM5 for the filing fee and keep the receipt.
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answered on Oct 10, 2017 at 14:34
by   somebodysaidso
Quick question. 

I had planned to go to the court this week to file my notice. As I received the summons on the 28th, it is still within 2 weeks. 

However the letter is dated the 19th and it says the notice must come in after 14 days. Does that mean 14 days from the date the letter was issued or the date received?? Have I missed my window?? I could not go last week as I did not have any childcare options. 

Please let me know!
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answered on Oct 10, 2017 at 14:36
by   somebodysaidso
(In fact, I just rechecked and it was delivered ok the 29th!)
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answered on Oct 10, 2017 at 15:12
by   vkpc
Have I missed my window?
No you have not missed your window.
Please file the Notice of Appearance asap.
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answered on Oct 10, 2017 at 15:36
by   somebodysaidso
THANK YOU! I am going to the court tomorrow. 

What happens after I submit the notice? I assume I attend court on the specified date?

If I am able to pay some of the debt now, should I begin or  wait until the court date?
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answered on Oct 10, 2017 at 16:29
by   vkpc
Should I attend court on the specified date?
Yes.

If I am able to pay some of the debt now, should I begin or wait until the court date?
You decide.
Please understand that paying partially does not mean you do not need to attend court,
unless the MC withdraws the lawsuit.
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answered on Oct 10, 2017 at 21:00
by   somebodysaidso
Thank you @vkpc. 

I found the sample notice below, will this do?

Memorandum Kehadiran 

Kepada PENDAFTAR, 

MASUKKAN kehadiran bagi my name [NO K/P: XXXXXX] Defendan dinamakan dalam tindakan ini. 

Bertarikh 17 November 2014. 

.......................................... 
XXXXXXXXXXXXXXXXXXXX 
[My name] 

Kepada:- 

<Plaintiff bank lawyers name> 
<Plaintiff banks address> 

Memorandum Kehadiran ini telah difailkan oleh <My Name> 
<MyAddress> 
<My Phone/Fax/Email>
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