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What assets can they take from me when debt case is brought to court?

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asked on Sep 22, 2018 at 09:13
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edited on Dec 11, 2018 at 20:40
 
I'm about to be brought to court by MMU for not paying my RM20,000 alpha loan. The actual loan was actually not so big, a little more than RM5,000, but it ballooned to RM20,000 because of interests. For your information, I wasn't aware of this loan still being there as I assumed my father already paid it all when I dropped out. And after I dropped out, I fell into deep depression, for 2-3 years.

7 years after I dropped out when I've already managed to forget my ordeal, MMU suddenly sent me a letter telling me to pay this amount, where before they never mentioned it. I cannot pay this amount because my job only leaves me with RM200 each month. This is the money I use to eat and save.

If you still want to know my background of how it becomes like this, feel free to ask, but I'm guessing you don't want to know. So I'll ask the question directly.

1) What can they do to me at this point now that they're bringing me to court?
2) What assets can they take from me if they're going to take my assets? Can they take my computer, or phone?
3) What else will happen to me? I know that I'm not going to be bankrupt since it's RM20,000, but what else can happen to me?

Thank you in advance.
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answered on Sep 22, 2018 at 10:07
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Post image of MMU's letter of demand here for clarity.
After posting, you can reply the lawyer letter to say that Limitation Act does not allow them to collect from you after 6 years.
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answered on Sep 22, 2018 at 10:27
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edited Dec 11, 2018 at 20:41
 
@vkpc

Thank you for your reply. I haven't received the letter of demand yet, but the lawyer's office has contacted my home yesterday asking to speak to me, but I was working. My brother suggested that they contact me today and yesterday they asked if I'm married and listed the names of my siblings in the phone call. I do not know what's the purpose of asking that and I do not know where they got their names.

Among the names mentioned is my little sister, who is a newbie at MBSA and only just gotten married. I'm afraid they will drag her into this.

If you have anything to add, it would be much appreciated. Thank you in advance.
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answered on Sep 22, 2018 at 13:24
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I haven't received the letter of demand yet, but the lawyer's office has contacted my home yesterday asking to speak to me, but I was working.

Lawyers don't call borrowers up.
Most likely it is a Debt Collector pretending to be a lawyer.
Next time they call, just say No Such Person and hang up.
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answered on Sep 22, 2018 at 15:09
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edited Sep 29, 2018 at 06:05
 
@vkpc

I have read a summary of Limitation Act 1953. From my understanding, they can now sue me as I have made payments for two years up until last year, which now is over 10 years since I dropped out of MMU. The letter sent 7 years after I dropped out of MMU was many years ago, and since then I've made payment for 2 years.

Can they still sue me or have I made a terrible blunder here?
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answered on Sep 22, 2018 at 16:41
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Can they still sue me?

Can.
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answered on Nov 8, 2018 at 11:11
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edited Nov 8, 2018 at 11:37
by   shini
Hi,

I'd like to make an update to the situation. This morning, MMU (or the debt collector) contacted my little sister and demanded money from her. Please take note that my little sister was not my guarantor and she was still in secondary school when the debt was made.

My question is, is it legal to actually ask money from my sisters or my mother, basically people who have nothing to do with the debt? From my reading, it seems like the only ones they can call up are me, my older brother and my father, who were both my guarantors. My father is retired now and my brother himself is declared bankrupt.

Another question is, if they bring this to court, can I dispute it? Is it possible to dispute it by myself without using the services of a lawyer?

If so, under what legal ground can I dispute it under? I'm thinking of under grounds of years of harassment that cause my business to crumble because they kept taking my business funds as well as not being clear on what loan I'm paying. Because frankly, I've not seen the agreement papers (since I signed it like 12 years ago) nor the invoice or statement of the loan.

Sorry for the questions. I can't afford lawyers of my own and I don't know if there's a free lawyer service or similar. Another thing, they haven't sent me a letter of demand so far.
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answered on Nov 8, 2018 at 15:58
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 I'm thinking of under grounds of years of harassment that cause my business to crumble 
Did you make a police report?

 because they kept taking my business funds
Did they take it by force or you handed the money to them?

as well as not being clear on what loan I'm paying.
You yourself said it was RM20000 alpha loan.

 I've not seen the agreement papers (since I signed it like 12 years ago)
When you signed it, you didn't keep your copy?
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answered on Nov 8, 2018 at 18:42
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edited Dec 11, 2018 at 20:44
 
No, I did not make a police report. I didn't make a police report because I though that was normal. So it's a no go?

They threatened me with jail but yes, I did hand them the money.

I assumed it was alpha loan, but they never sent me any statement telling me what loan it was. At first, years ago, I thought it was PTPTN. So I paid assuming it was PTPTN, but later I received another letter informing me about my PTPTN loan. The only thing left was probably the alpha loan.

I did, but when dropped out about 12 years ago, I was in such a mess that I went carrying a single bag and leaving everything behind in my apartment room. After that I fell into depression for years and never went back to MMU.

Also, are they actually allowed to ask money from my little sister who has nothing to do with this? I didn't even know how they got her number other than using their bank connection to trace my payment to my little sister's unifi account.
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answered on Nov 8, 2018 at 22:47
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Are they actually allowed to ask money from my little sister who has nothing to do with this?

Are you allowed to ask Giant Hypermarket whether they sell motorbikes even though you know they don't sell motorbikes?
The answer is yes, you are allowed to ask Giant Hypermarket whether they sell motorbikes.
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answered on Nov 9, 2018 at 10:38
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edited Dec 11, 2018 at 20:56
 
MMU for not paying my RM20,000 alpha loan.

What is α - loans in your case? I only heard of β - loans before.
Funny loans this Multimedia University (MMU) is dispensing out!

I assumed my father already paid it all when I dropped out.
You are still not in talking terms with your dad?

I do not know where they got their names. 
Only you could have supplied those names to MMU when you borrow their α - loan.

What assets can they take from me?
What other assets do you have? Computer or phone? These are highly depreciated assets where Judgement Creditors do not want to seize.

MMU lawyers would rather sue the two guarantors esp the dad (if have house and/or car), or file Proof of Debt against the brother @Jabatan Insolvensi Malaysia (JIM).

Is it possible to dispute it by myself without using the services of a lawyer? 
Yes, you can self represent by yourself in a lawsuit (no need lawyers services).
But what are the grounds for disputing? Creditors are allowed by financial laws to recover their loans by calling the debtor, going to yours & guarantors registered address (during office hours).

I'm afraid they will drag her into this. 
You have already done it.

is it legal to actually ask money from my sisters or my mother, basically people who have nothing to do with the debt? 
Yes, they are legally allowed to make calls but no coercion (harassment, intimidation or threats). This is to character Assassinate your goodself.

They threatened me with jail but yes, I did hand them the money. 
Make a police report if you have proof.
Your last 2 years of repayment have made direct admission to the debt.
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