Advertisement

Saman from BSN

1085 Views  ⚫  Asked 7 Years Ago
asked on Apr 25, 2011 at 21:49
by   Peter
Hi guys,, please anyone can give some advise

i owing to BSN RM11k,the banker just saman me in court ( hearing date 25/05/2011 )
my salary was 5k, actually i can not afford to pay BSN because i helping my wife business as the business not so good and also her credit card..so after taken care my wife debt and some for family use.can not pay the banker, question

1) is this consider first mention to me, what should i do ???
2) on the saman letter received , there is an attachment of " Notice Kehadiran" as below
  
   saya mengaku tuntutan pihak plaintif dan saya menawarkan utk membayar plaintif bersama dgn kos utk jumlah tersebut pada haribulan ________,2011 atau secara ansuran sebanyak RM___ sebulan bermula dari___ haribulan ____,2011

a) Pekerjaan saya ialah________
b) Jumlah Pendapatan____
c) Tanggungan ____
d) Sewa Rumah___
e) Bayaran bayaran bulanan tetap saya ( Senaraikan )

my question is do i need to fill up this form attached, if i do, do i list down my wife expenses as i helping my wife tat why i can not pay to the bank, do the judge accept this ( i think NO )

please advise anyone...

Peter
0 had this question
Me Too
0 favorites
Favorite
[ share ]
68 Answers
 1   2   3   4   5   6   7   Next »  Last »

answered on Apr 26, 2011 at 13:31
by   notalawyer
If you fill up and submit this form, it means that you admit to BSN's claims and want to pay installments.
If you want to dispute and want to contest this summons, you should use the format as given in
William Chan's book.

How to Represent Yourself in Court to Fight Banks.

Available at MPH, Popular or Borders.
Good Luck.
0 found this helpful
Helpful

answered on Apr 26, 2011 at 15:37
by   Peter
hi notalawyer

thanks for your advise.

that mean i do not need to fill up the form, i just go to the court on 25/05/2011 and ask for time to find a lawyer ?? is that the step that i need to do now??

hope to heard from you soon
Appreciates

Peter
0 found this helpful
Helpful

answered on Apr 26, 2011 at 17:22
by   notalawyer
that mean i do not need to fill up the form, i just go to the court on 25/05/2011 and ask for time to find a lawyer ?? is that the step that i need to do now??  If you want to contest the claim, Yes.
0 found this helpful
Helpful

answered on Apr 26, 2011 at 18:43
by   Peter
thanks again notalawyer

actually bsn is the first bank summon me, i own to various bank total RM250k ( credit card & personal loan)

on the other hand if i plan for bankruptcy because i really can not paid back even the bank willing to restructure the debt.. i still can not paid....

do i still fight back in the court on 25/05/2011 ?? If No..How ??

thanks in advance

Peter
0 found this helpful
Helpful

answered on Apr 26, 2011 at 19:22
by   notalawyer
Fight to buy time to move your assets to someplace safe.
0 found this helpful
Helpful

answered on Apr 26, 2011 at 19:56
by   Peter
Notalawyer

i dun have any assets anymore, the house transaction already complete in march'2011 and the money also cash out from bank.

so in your opinion, on the court days 25/05..i just said to " tuan Hakim" i dun have any money to paid to bank
is that the correct way of answering??

thanks

Peter
0 found this helpful
Helpful

answered on Apr 26, 2011 at 21:10
by   notalawyer
Buy the book, only RM 15...
After you read it, then ask more questions.
0 found this helpful
Helpful

answered on Apr 27, 2011 at 21:52
by   Peter
@notalawyer

i bought the book and read.

the book said "if the amount owing is less than 10k, i can ignore it and let the bank win after all they can not made me bankrupt" my question ==> it's meaning that i still go to the court and just accept what the plaintiff said??

Peter
0 found this helpful
Helpful

answered on Apr 28, 2011 at 00:43
by   notalawyer
RM 11k is more than RM 10k.
This means that if you don't want to become a bankrupt, you fight the summons, not accept everything they say.
0 found this helpful
Helpful

answered on May 26, 2011 at 22:02
by   peter
hi notalawyer,vkpc,1818 n anyone

just came back from my first hearing from BSN, waiting 2 hours then only said the plantiff lawyer did not turn out and the hakim just put a new day for 2nd mention. and when i follow the book said " tingkah lagu plantiff seolah-olah tidak hormat kpd process mahkamah...."
the hakim just ignore my statement and continue to said the next day will be 16/6 but u need to file defence..

i think the hakim is more on bank lawyer.

my question

1) how do i file a defence here because in the book only have a sample defence for hire purchase case?
2) do i still need to file " notice of kehadiran"

thanks for your reply in advance

Peter
0 found this helpful
Helpful


 1   2   3   4   5   6   7   Next »  Last »

Your Answer





By posting your answer, you agree to the privacy policy and terms of service.