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Self-Represent in Court to Set Aside Judgement In Default (JID)

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asked on Nov 30, 2017 at 05:12
by   Sahara
I have been searching for an answer and help for the past weeks for my case until my friend introduced me to this site.

My case scenario: 

I have had filled for the Notice of Appearance on 2 October 2017 for Writ and Statement of Claim of amount owing to the commercial bank of RM9450 and of 7-month in defaults due financial predicament.

I attended the court hearing on 18 October 2017 with the presence of myself and the plaintiff lawyer. I then informed the court judge that I had settled the 7-month in defaults of payments of RM1,670 on 11 October 2017 and that had informed the bank's and the lawyer about the remittance. Despite of filing of Notice of Appearance, Paid 7-month in defaults, and presence myself for the initial hearing in Court, the bank's proceed to entered JID against me on 18 October 2017. The cover letter (JID) from plaintiff lawyer's was dated on 3 November 2017  but I  received letter (JID) from the  plaintiff lawyer's on 15 November 2017. 

Therefore, I seek all experts in this forum to assist me how to set aside JID . Thank you in advance!
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answered on Nov 30, 2017 at 16:40
by   Sahara
edited Nov 30, 2017 at 16:46
by   Sahara
@vkpc

I am not a law student but just a working employee.

The first and last hearing lasted less than 10 minutes. The plaintiff lawyer's presented to the court judge that there were no file of defense from myself, therefore the bank's proceed with the judgement. I told the court that I have had settled the 7-month defaults on 11 October 2017.

The court judge asked me if I understood the plaintiff lawyer's concern and that the judgement will be entered against me? I replied 'Yes'. The judge advised me to discuss with the bank about the repayments schedule. 

The judge mention nothing about the file of defense ( pembelaan). 

What is the different between JID and JIDD?

What should I do next?
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answered on Nov 30, 2017 at 18:01
by   vkpc
I am not a law student but just a working employee.
Are you working in a law firm as you seem to be knowledgeable in law.

JID -> Judgement entered against you if you failed to file a Notice of Appearance or failed to turn up.
JIDD -> Judgement entered against you if you failed to file a defence on time.

Your case seems to be unusual because normally JIDD will not be entered so early.
Magistrate normally would set a date for you to file a defence, not enter JIDD on the first court date.
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answered on Nov 30, 2017 at 18:04
by   vkpc
To fight against this JIDD, normally the correct procedure is via an appeal.
But since the Judgement date is 17th Oct and today is 30 Nov, the time for appeal is also expired.
Too bad you came to this forum too late.
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answered on Nov 30, 2017 at 18:48
by   Sahara
edited Nov 30, 2017 at 19:27
by   Sahara
Are you working in a law firm as you seem to be knowledgeable in law. 
No I am not. My friend shares a bit of the law procedures.

The judgement date is 17 October but I received the letter from the plaintiff lawyer's on 15 November. Almost one month later.

Can't I proceed to JIDD appeal? I received the JIDD seriously late from the plaintiff lawyer's. 
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answered on Nov 30, 2017 at 19:22
by   Sahara
edited Nov 30, 2017 at 19:29
by   Sahara
How to write JIDD appeal? I will have try to appeal in Court.

Can any experts assist me?
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answered on Nov 30, 2017 at 20:21
by   vkpc
How can it be that you attended Court of 18th October but the Judgment was entered on 17th October?
What is going on actually?
Post actual image of the JIDD here.
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answered on Nov 30, 2017 at 20:40
by   Sahara
@vkpc

As I mentioned earlier on page 1 in this forum, there was a typo error of the dates, suppose to be 17 October instead of 18 October. Please refer to page 1.
 
The JIDD is posted earlier, Notice of Appearance, Cover Letter and Content of the Penghakiman Ingkar Pembelaan.

Can you assist me how to write notice of  appeal / set aside JIDD?
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answered on Nov 30, 2017 at 21:17
by   Anonymous
Funny case
Lawyer requested for JIDD from Judge.
Judge asked Sahara if she understand what the lawyer meant.
The answer is " YES ".
Informing the Judge that 7 months defaulted payments paid is not a defence.
Did not buy time by postponing the case to get legal representation and not understanding what the Judge is actually referring to, causes this JIDD.

Just personal views
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answered on Nov 30, 2017 at 22:00
by   vkpc
By law, appeals have to be filed within 14 days of decision. ( 14 days from 17th October ).
Since you were present when the Magistrate pronounced the decision ( entering the JIDD),
you cannot say that you did not know the decision date or that the letter was sent late to you.

Magistrate was wrong to enter JIDD so early but you blew your chances of appeal by waiting.
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answered on Nov 30, 2017 at 22:30
by   Sahara
vkpc

At the hearing the plaintiff lawyer's requested and mentioned loud and clear to the judge, the bank will proceed filing for JID. The judge approved the lawyer's request

When I received the letter on 15 November, it was JIDD and not JID as you quoted earlier.

I asked the judge if I could file to set aside JID, the judge replied ' Yes, you can set aside JID if the bank's lawyer has entered judgement against you.'

Regardless, I still want to file for Notice of Appeal.
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