bankruptcy charges

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asked on Mar 7, 2020 at 07:19
i have unpaid debt rm39k with Sabah Credit corporation.lately they sms or whatsupp me that they will file in bankrupcy charges against me if i dont settle a minimum of rm17k immediately which i could not afford.can they file in bankruptcy charges against me without my presence in court since i am oversea?
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answered on Mar 7, 2020 at 07:51
edited Mar 7, 2020 at 07:59
by   jeff005
1.  A Judgement Creditor can file Bkcy Notis and/or initiate Bkcy Proceedings without the need for you to be in Malaysia or to attend Court, once the debt exceeds 50K.

2.  But it is not easy to bankrupt a Judgement Debtor if he/she is not residing inside Malaysia during the last 12 months.

You have to appoint a lawyer to attend your case and make such declarations.

But, in order to do so, if one is working illegally  overseas, the creditor's lawyer would submit that there is wilful abscondment to the debt by going overseas to work. The other reaction from the Creditor Lawyer will then notify Immigration Malaysia that a JD is working illegally overseas and that is another Immigration Infringement of which can be levied against the passport holder and severe repercussion from MY IMI. IMI can BAN 3-5 years of issuing a New Passport once the old passport expires.

If you are in a position to nego, nego a workable repayment schedule acceptable to the Creditor.
There is actually no point (Costs wise) in trying to bankrupt a Debtor of your age who is overseas.

Another point to note is that the wasap msg that is send to you could be from Bill Collection Agents appointed by the Lender.
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