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Writ and Statement of Claim - Full settlement before the date of to Enter Apperance

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asked on Sep 12, 2021 at 14:40
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I received Writ and Statement of Claim filed under KL Magistrate Civil Court dated 7th Sep 2021, I'm required to enter appearance within 14 days. I just learnt that the money i owes to a supplier was from my father, he used my name register a sole-prop company many years back. i am so helpless as my dad was hiding his borrowing from me. 

my questions :
1) how do i file a memorandum of appearance by my own? i cannot afford to appoint a lawyer. where should get the form?

2) Can I bank in the payment to my supplier before the date of enter appearance? or shall I write to Plaintiff in official and to wait for him to approve the settlement?

3) and if I bank in directly to fully settled the amount i owed before the date of enter appearance, do i still need to file the memorandum of appearance? how can i withdrawal the court case?

many thanks and hope i could have the answer before the due date.
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6 Answers

answered on Sep 12, 2021 at 15:22
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@ Mousella

1) how do i file a memorandum of appearance by my own?
Go to the nearest court and get a form from the customer service counter. Fill it up and get it down at the efiling counter
Alternatively there are dozens of samples found under this forum.

2) Can I bank in the payment to my supplier before the date of enter appearance? or shall I write to Plaintiff in official and to wait for him to approve the settlement?
Did your father admit to this debt?
He may not have paid because the goods supplied was defective.
It would be best that you make confirmations with him before you accuse him of conducting frauds.

3) and if I bank in directly to fully settled the amount i owed before the date of enter appearance, do i still need to file the memorandum of appearance? how can i withdrawal the court case?
Your creditor have file a lawsuit in court usually by the appointment of a legal firm. Then everything goes thru their lawyer. 
The safest way is to buy a bank draft under the company's name and send it direct to the Lawyer firm with a covering letter.
Upon full or negotiated settlement, the lawyer will withdraw the lawsuit by informing the court.. NOT U.!!

i am so helpless as my dad was hiding his borrowing from me. 
Is the case about commercial trading debt or is it from illegal moneylenders (borrowings) under the disguise of goods supplied?
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answered on Sep 12, 2021 at 16:32
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Dear jeff005, many thanks for your prompt reply. the case is about commercial trading debt. my dad indeed owing to multiple supplier and family and friends. i have been paying his debt for the past 10 years.
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answered on Sep 13, 2021 at 12:53
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edited Sep 13, 2021 at 13:10
by   jeff005
@ Mousella

" my dad indeed owing to multiple supplier and family and friends. i have been paying his debt for the past 10 years ".

So the "borrowings" is from friends of which no fraud has been committed. Cannot use another person rregistered business to make non business "borrowings".

You should be below 30 years and is helping to shoulder the living expenses of the whole family. It is family affairs and is personal in nature.  Your father should be glad to have such a filial daughter like you.

Esp to a filial daughter, here are additional comments from me:

What you can do is :
1. Terminate the family business if it is really not making profits

2. Change sole proprietorship name to his name. There is no point in pulling a young family member into legal lawsuits and debts. Talk tactfully and wisely to him.

The M.O.A. is a no issue if you decide to settle the debt.

3. You may make an attempt to write a formal letter to the creditor to :

a)  Give you time to accumulate funds and to pay by installments during this economic crises in Covid Pandemic.

b)  Ask for discounted settlement. Depending on the amount owed, sometimes it is more costly to prolong a lawsuit if the debtor do not have the cash ability to repay. The creditor's lawyer can apply for postponement pending "negotiations". It is allowed by the courts.

many thanks your prompt reply.
Sometimes it may take me days to reply depending on the urgency of the matter and the timing of accessing this forum. Most of the time, quite forgetful.. It appears to me the lack of knowledge has emotionally affected you (so the quick short reply). So dun worry, take one step at a time.
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answered on Sep 13, 2021 at 13:21
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edited Sep 13, 2021 at 13:36
by   jeff005
@ Mousella

Other options:

1.  You can file a M.O.A. and then personally attend the court hearing date. On that day, you can request for a postponement in order for you to appoint a lawyer to act on your behalf or to make "borrowings" to make good this debt.

During this pandemic, it can be as long as 2-3 months depending of your location and the SOPs in place. This would give you time to make arrangements for any funds.

If the debt is not huge, you can make the EPF current withdrawals for the pandemic (but personally I would not recommend this method).

2.  You can even make full payment (or discounted amount) 3-4 days before the current court hearing date or a new date (but keep receipts properly and carefully).

It is normal for lawyers to make "DATE"  threats in their legal letters. They are paid to do so, but debtors have their legal rights too. In practice, filing of MOA 14 days before the court hearing date (usually in the presence of PKP - not Judge) is acceptable. The ultimate goal is to settle the issue for both debtor and creditor.

If you have issues filing the MOA, write here and ask for further options.
Normally nowadays, depending on travel restrictions, first call nearest court to your residence, make appointment with proof from the courts and any roadblocks (if any), you will be let thru.

Remember.. appointment first (for filings).
For Mahkamah Hearings (100% allowed).
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answered on Sep 15, 2021 at 13:18
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Dear jeff05, 
I am grateful for the kind advice. 

2.  You can even make full payment (or discounted amount) 3-4 days before the current court hearing date or a new date (but keep receipts properly and carefully).   The amount is RM35k, to me is a huge amount, but i will have to settle it no matter how, my father has owing the supplier for 2 years++ and i do not have budget to appoint lawyer. Hence i think the best is to pay in full within 14days and without going through the MOA, am I right?  My question is can i just transfer the amount to pay the company from my personal bank account or shall i buy a bankdraft or TT to pay? 
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answered on Sep 15, 2021 at 17:19
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@ Mousella

Hence i think the best is to pay in full within 14days and without going through the MOA, am I right?
The MOA is a non issue and is very easy to perform.
Do not let this be an issue.

or shall i buy a bankdraft
Buy a bankdraft under the creditor's name and send it by registered post with a covering letter to the lawyer's firm.
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