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Terima surat penghakiman ingkar- pinjaman peribadi

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asked on Oct 15, 2021 at 23:09
by  
edited on Oct 15, 2021 at 23:11
by   Faria
Hi,
Saya telah menerima surat penghakiman ingkar dr mahkamah untuk pinjaman peribadi atas nama sy tetapi untuk kegunaan keluarga.
Saya tidak respond kerana surat dipos di alamat keluarga mertua dan sy tidak lagi tinggal di situ.
Sy terima surat peguam untuk selesai kan hutang dalam masa 7 hari berjumlah 100k++, inc interest. Pinjaman sebenar hanyalaj rm53k.
Tarikh surat adalah 11/10/2021 dan sy perlu respond dalam 7 hari.
Sy sangat takut sekarang jika sy dibankruptkan kerana kerja saya perlu travel overseas.
Saya sanggup bayar tunggakan yang ada, asalkan nama saya clear. Adakah ini selalunya di terima oleh bank?atau mereka tetap akam tuntut amount 100k itu?
Patutkah saya terus refer pada akpk?
Isnin nt saya patut call bank terus atau peguam? Untuk berunding bayar tunggakan?
Saya sangat risau sekarang.
T. Kasih…
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answered on Oct 15, 2021 at 23:54
by  
edited Oct 15, 2021 at 23:59
by   jeff005
@ Faria

If you cannot afford to settle the full amount (100++), AKPK DMP is your last and only option (if you qualify).

Tak payah respond.. GO immediately to AKPK for advise.

Make sure it is a real Penghakiman Ingkar  (Judgment in Default). Check with courts e-filings.
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answered on Oct 16, 2021 at 00:05
by  
Hi Jeff,

Thank you so much for replying.

I just scared that the given time within 7 days and things will escalated 😓.
My plan now is to negotiate bayar tunggakan which i was informed around 6k, then I pergi akpk.
I read in this forum I dekat num 11.

So it gives me an ease sikit for tonight but I need to think of the strategy 😓
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answered on Oct 16, 2021 at 01:25
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edited Oct 16, 2021 at 01:41
by   jeff005
Faria

1.  Your situation has already escalated. "The Debt" = Judgment Debt (JDebt) has been declared via a Court Order (Perintah Mahkamah). You are now the Judgement Debtor (Penghutang Penghakiman - JD))  and the bank is the Judgement Creditor ( Pemuitang Perhakiman - JC).

2.  As a JD, other modes of debt recovery can be carried out on you by the application in court.

Examples (common ones in the context of Malaysian Laws)

a)  Garnishment of banking accts (includes private investment accts ASBN).

b)  WSS ( Writ of Sale and Seizure )

c)  Bankruptcy when the amount is 50K++ (as a last resort and is the final lawsuit)

d)  Other modes

---------

The 7 days are standard notifications by legal requirements. Once a JDebt is established in court, even if you pay up "some arrears", the bank can still carry out the other modes. It is full settlement on JDebt.. "or else".. Nothing can stop the bank from doing so.

Only by under the protection of the AKPK DMP, any executions of the above modes can be stopped (temporary) but cannot stop the banks from applying.

And if only "IF" you qualify for the DMP by merits (having disposable income) and in gainful employment (and/or business income).

Go meet AKPK officers and discuss first.

Other personal notes :

Bankruptcy is not the end of the world.

After being adjudicated as a bankrupt, the bankrupt must report in to Insolvensi and can apply to work overseas or for temporary travels to overseas for work purposes.

First you must establish if it is a genuine penghakiman ingkar.
(There are too many scams nowadays)

If your AKPK DMP is rejected, come back to this forum for further information.
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answered on Oct 16, 2021 at 06:14
by  
Thank you again for your answer.

Here is the letter penghakiman ingkar dated on 6/10/2021.

I check at the portal as your suggestion, and there was case hearing and the hearing date was 7/10/2021.

And why is this letter is dated 6/10.
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answered on Oct 16, 2021 at 08:45
by  
This is the results of the e-filing court search.
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answered on Oct 16, 2021 at 12:39
by  
edited Oct 16, 2021 at 13:25
by   jeff005
Faria

And why is this letter is dated 6/10.
1.  This is NOT an ordinary letter. This is the Perintah Mahkamah. 

2.  The verdict is Penghakiman Ingkar (in English = Judgement in Default of Appearance)

3.  Your family members did not give you the "other" docs received by them (maybe they scared you may collapse of heart attack upon receiving it). 

There would have be : 

a)  Letter of Termination of loan contract

b)  Letter of Demand to repay the loan within 7 days, failing to respond the bank, the lawyer would file a lawsuit in court.

c)  Saman Tututan /Writ Saman (saman permulaan) = Lawsuit - Writ of Summons to attend court, inside will have stated date of hearing, in this case 7thOct 2021 and the need to file MOA (Memorandum of Appearance) aka Memorandum Kehadiran as per existing Laws of Court 2012 within 14 days upon receipt of Notis Saman. (Actually I do tell people that 14 days before hearing date is also acceptable, so long as you respond to the court requirements).

Hearing date is 7th Oct, then why Penghakiman Ingkar dated 6th Oct?

Answer :  This is because the debtor did not file MOA..!!

The lawyer would play lirty (as they have the right of way) and file for Judgment Debt  aka summary judgement a few days earlier (usually 3 days) so "as not to waste court time". If the debtor had attended on 7th Oct, even by not filing the MOA, there is a good chance not to get the JID (with appropriate reasons). But eventually, can still be made a JD during the next hearing if really cannot repay the whole debt or have made another an arrangement on how to settle the outstanding with the bank.

This is when AKPK DMP can come into the pic with SOS mode.

After being made a JD, AKPK can still help to make one instalment plan with 9% flat rate interests per annum (actually debtor can save at least 35% on the interests element) for a 10 year period, if the debtor qualifies.. This is termed "Restructuring of Debt or debts". Take note that this is a new contract signed with the bank with AKPK as the Govt "witness".

It is the riba interests element that kills debtors, digging the sinkhole deeper and deeper.

So.. Go find AKPK ASAP.. !!!
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answered on Oct 16, 2021 at 13:06
by  
edited Oct 16, 2021 at 14:08
by   Faria
Ni I am literally crying right now! What is perintah mahkamah and will I straight away will announce bankrupt!? 😭😭

I have applied and submit AKPK DMP asap this morning. 😭

This is the letter together with the perintah mahkamah.
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answered on Oct 16, 2021 at 13:12
by  
edited Oct 16, 2021 at 14:08
by   Faria
This is the letter I asked her to share 😓
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answered on Oct 16, 2021 at 13:16
by  
edited Oct 16, 2021 at 13:17
by   jeff005
Faria

will I straight away will announce bankrupt!?

No lar..

Read /hear this:

https://www.lawyerment.com/answers/questions/14070/tempoh-masa-utk-bankrup
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answered on Oct 16, 2021 at 13:24
by  
Okay I read that.

Whats the difference between perintah mahkamah dan perintah ingkar? 😓

I hope this will not escalate too fast.
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