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Writ of summons (personal loan) - What should I do next?

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asked on Jun 11, 2019 at 00:00
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edited on Jun 21, 2019 at 00:53
 
I just received today evening the letter from the banker's lawyer together with the writ of summons.

I have a few items that I need to clarify.

1. It was mentioned that I need to submit the "Memorandum Kehadiran" within 14 days from the postage date ("tarikh pengeposan"). Which of the date should I be referring to? The writ date which was dated on 24 May 2019 or the date of the lawyer's letter which is on 30 May 2019. And the 14 days, does it referring to working days or calendar days (which inclusive of public holidays & weekends)? And how should I fill-in the memorandum given with the writ (refer attachment) and how to file it with the court? 

2. In one of the "Pernyataan Tuntutan", it was mentioned that a letter of demand dated 22 April was served, but defendant (myself) did not response to this. However, I did not received any of the letter of demand either at my office or at my house. I also did not receive any final reminder from the bank prior to the mentioned letter of demand. Also, I have made a month repayment on 30 April. So, can this statement be challenged? I'm still trying to contact the bank officer in charge to get more details on the outstanding amount.

3. Do I need to engage any lawyer or I can represent myself on the day of the "Pengurusan Kes" which was set on 27 June 2019. What should I do or the next step if I'm not engaging any lawyer to represent me?

These are a few questions that I need quick feedback as of now. I'm still searching online on what I should do. I'm also thinking of probably approaching Bar Council Legal Aid as this is my first time getting this summon.

I hope someone out there can help me (and guide me) on how to approach this case.
Thank you in advance.
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10 Answers

answered on Jun 11, 2019 at 08:40
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edited Jun 21, 2019 at 01:19
 
@Zariah,

1.  I will reply your email after my this message.

2.  14 days (Calendar days for this type of cases) Date of stamp on the envelope (if you still have it).

3.  Fill up the "Memorandum Kehadiran" and file it at the nearest court house (Jalan Duta) within these 3 days. Filing charge is around RM12. This filing is very critical for your case. It is by e-Filing at the filing counter. Very easy, no hassle process.

4.  You can self represent on 27 June for the case management. Attend it and seek postponement to a next date.

5.  Then you decide for yourself:

a) Seek Legal Services. Forget Bar Council Legal Aid Centre (BCLAC) - they just give same (from here) advice and then ask you to get legal services from their panel of lawyers. You can get quotations from those local law firms advertising in this website.

b) Self Represent by filing a Notis Bertindak Sendiri after 27 June or on that day itself after the case management is over (since you are already there).

c) You can also post here and seek advisory and procedural advice from THE AVENGERS MALAYSIA in this forum.

Note: There are too little info about your debt case for the forumers here to work on/with.
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answered on Jun 11, 2019 at 09:40
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edited Jun 21, 2019 at 01:21
 
@Zariah,

Read carefully and diligently all the cases here:

https://www.lawyerment.com/answers/questions/12966/history-of-self-representing-people-who-won-against-lawyers-in-this-forum

And then prepare yourself..
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answered on Jun 11, 2019 at 10:40
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edited Jun 21, 2019 at 01:28
 
2.  14 days (Calendar days for this type of cases) Date of stamp on the envelope (if you still have it). 

It was a registered post. There's no date when it was received. The writ was sent to my office & I have no idea when it was actually received or who signed it. Only yesterday somebody collect it from the pigeon box & pass to me.

I will go through the link provided & will post here the information/writ to get further advice from forumers here. 

Also, should I contact the bank to get further details? 
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answered on Jun 11, 2019 at 11:21
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edited Jun 21, 2019 at 16:23
 
@Zariah,

should I contact the bank to get further details? 
What further details do you want?
The bank has passed your case to their lawyers. The lawyers have sent all the docs professionally except to the delivery of the letter.

Contact the bank if you are in a position to negotiate. Agensi Kaunselling dan Pengurusan Kredit (AKPK) is another option.

Read thru the past 3 months under this bankruptcy section. Pay attention to the following forumers who had posted constructive advice:-
@kiki
@jebat

Nobody can work on your case without approx figures and/or without the chronology of events leading to this lawsuit. Lawsuits are serious cases. Forumers here do not work in the blind. Incomplete info..  you suffer the consequences not anybody else reading here just like @John01. Ignore that case, he actually had many more financial debts not declared here.

Read the docs what @kiki usually asked for in the past cases and then jpeg or PDF a copy and post it here. Delete name of Lawyer's firm (plus logo), name of Penolong Kanan Pendaftar (PKP). You may leave your name and contact number intact for scammers to contact you.

Or you may email me all original copies for privacy issues. Take note that I do not participate in any debt lawsuits.
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answered on Jun 11, 2019 at 21:12
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edited Jun 22, 2019 at 16:49
 
@jeff005

I've contacted the bank for negotiate. The officer in charge gave me by this Friday to settle at least 1 month payment (I'm actually 2 months in arrears, going to be 3 months).

I've asked the bank officer whether I should still submit my attendance. The officer said not required, he will inform the lawyer to hold the summon.

I've doubt on this. Should I still submit my memorandum of attendance to the court as a precaution? 
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answered on Jun 11, 2019 at 21:21
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Should I still submit my memorandum of attendance to the court as a precaution?
Yes.

Read this thread carefully on how John01 fought Bank Kerjasama Rakyat with the help of Avengers Malaysia

https://www.lawyerment.com/answers/questions/13112/writ-summons-dari-firma-guaman-bank-berkaitan-hutang-pinjaman?g=1#tab-top
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answered on Jun 11, 2019 at 21:37
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edited Jun 22, 2019 at 21:28
 
@Zariah

Should I still submit my memorandum of attendance to the court 
Yes, you must!

Take note that it is not you and the bank now. You and the writ from court.
What if the bank officer did not inform bank to withdraw the case to the court.. you will be made a JUDGEMENT DEBTOR in Default. (1 week before the case management)..  I hate these dirty tricks done by banks and their lawyers!

1.  Just imagine they have gone to the extent to file Writ of Summons, do you think 1 month payment will resolve the issue?

2.  Do you own judgement call? You will still be in perpetual default every month. A 3 months payments plus costs of this writ by this Friday might resolve this issue. Can hold a Writ? Are they court jokers / jesters? Banks control the operations of courts?

3.  The Memorandum Kehadiran to be filed is by Rules of Court 2012 not by rules of Banks /officers.

I have emailed you.
Follow the instructions given by Members of the Avengers Malaysia.
The above forumer is one of them.
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answered on Jul 11, 2019 at 10:34
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edited Jul 22, 2019 at 11:15
 
@jeff005

The bank's lawyer informed that they will retract the summon as I have paid the arrears.

My question is, should I still attend the 2nd case management (?) at the magistrate court? The lawyer's office staff told me that I do not have to attend. 
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answered on Jul 11, 2019 at 11:03
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edited Jul 22, 2019 at 11:19
 
@Zariah

The lawyer's office staff told me that I do not have to attend. 
To believe in any banker's representative is just akin to believing that camels do fly on a full moon's night at those Arabian states...!!

It would be prudent that you attend.

Alternatively, use your case number and check online to see if they really have withdrawn the case. Do it everyday till the next case management date or having received an official notification from that lawyer's office.

Like I have mentioned, your case is with the court. Summons is from the court. Never trust anyone, including me. Check with court filings online (efiling).
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answered on Jul 11, 2019 at 11:10
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edited Jul 22, 2019 at 16:17
 
@Zariah,

You can do a file search at this link:

https://efs.kehakiman.gov.my/EFSWeb/
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