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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 10, 2017 at 21:01
by   somebodysaidso
Also I am trying to find the hours for the filing counter at Shah Alam court but cannot seem to find that information anywhere. Do you happen to know the earliest time I can go?
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answered on Oct 10, 2017 at 21:26
by   vkpc
It must be complete with the titles as below

Dalam Mahkamah XXX Di XXX 
Dalam Negeri XXXX, Malaysia 

WRIT SAMAN NO: XX-XXXXXXX-XXX-XX/2017

      
MC NAME  (XXXX-M)     ......................... Plaintif
        

<YOUR NAME> (IC: xxxxxx-xx-xxxx)   ........... Defendan

NOTIS KEHADIRAN 

Kepada Pendaftar,

       Masukkan kehadiran untuk <Your Name> dalam tindakan ini.
AMBIL PERHATIAN bahawa defendan mempertikaikan tuntutan Plaintif.

Alamat saya untuk penyampaian ialah 
<Your Name>
<Address>
Tel: xxxx-xxxx 

Bertarikh pada XXhb Oktober, 2017

...................... 
<Your Name>
Defendan 
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answered on Oct 10, 2017 at 21:27
by   vkpc
Do you happen to know the earliest time I can go?

About 9:00am, go earlier to get parking.
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answered on Oct 23, 2017 at 22:31
by   somebodysaidso
Hello @vkpc. I filed my notice according to yoyr advice. I am due at court tomorrow at 9am. 

I have diagnosed anxiety that flares up in moments of stress and as you can probably guess, it is particularly high at the moment. It is made worse when I don’t know what to expect. 

Could somebody let me know what will happen in the court tomorrow? How do proceedings go?  How long will it take to be over? 

Thank you very much. I am sorry to burden you with this. 
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answered on Oct 24, 2017 at 00:35
by   vkpc
Go a bit earlier to avoid jams and to get parking.
When you reach the Court, ask around get to the correct Court room.
Near the Court room, there may be a Notice Board.
Check the Notice Board to confirm that your case number is listed there.
When the Court room is opened, register your presence with the interpreters there and then sit down at the public gallery.  ( back benches )

When your case number is called up, move forward to the front and stand there.
The Magistrate may ask for your IC.

If the plaintiff lawyer did not turn up, you can ask for the Writ Summons to be cancelled.
If the plaintiff lawyer turns up, the Magistrate may set a date for your to file your defence ( pembelaan ) and another date to return to the Court.
Write those 2 dates down immediately.  ( if date is not suitable for you, ask for another date )
Go home.  Good Luck.
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answered on Oct 24, 2017 at 22:51
by   vkpc
How was your Court date?
Tell us what happened in detail.
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