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I left Malaysia and moved abroad with unpaid debts. Can I travel back to Malaysia?

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asked on Sep 29, 2011 at 17:30
by   sonny
edited on Apr 10, 2016 at 15:23
 
At the high of recession in 1998 I lost my job and money in the stock market. I did owe various banks some money for my credit card. After prolong unemployment and many survival jobs, I left the country in 2003 for employment oversea. Have not return to Malaysia since then.

My mother is getting old and of poor health, I just hope to visit her. I don't earn much OS as a cleaner and odd jobs, but I would like to arrange to pay my outstanding in installment if I could.

My dilemma is if I contact them they can institute legal action against me. Or maybe they have already done so? Is there away for me to find out? Can the bank take action against me now if they have not done that before? Your advice appreciated.
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answered on Sep 29, 2011 at 19:15
by   vkpc
First find out whether you are a bankrupt at

http://sspi2.imi.gov.my/
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answered on Sep 29, 2011 at 23:26
by   1818
@Khor

If your passport is still good, you should try renewing it for another 5 years, someone here recently posted how he could still travel out of M'sia eventhough he has already been declared a bankrupt. I'll try to get that info for you if you are interested.

Regarding your question, Can the bank take action against me now if they have not done that before?, if the last payment you made to the bank is over 6 years ago and till now they have not sued you yet, there is a pretty good chance they won't sue you anymore* but that does not mean they won't send their collection agent dogs after you if they know your contact details.

*Someone here mentioned that after 6 years, the bank will have to give a reason to the court why they did not sue you (if they decide to sue you after 6 years), this has something to do with the Limitation Act.

Good luck!
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answered on Sep 29, 2011 at 23:35
by   vkpc
Someone here mentioned that after 6 years, the bank will have to give a reason to the court why they did not sue you (if they decide to sue you after 6 years), this has something to do with the Limitation Act.

No. If they did not sue you, after six years they cannot sue anymore.
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answered on Sep 30, 2011 at 04:24
by   sonny
edited Apr 11, 2016 at 03:46
 
Many thanks for the information and invaluable advice. A check at the immigration dept website as suggested shows I am not blacklisted as at today. I have been out of the country for 8 years now. Does that mean I am immune from further action? If I read the disclaimer carefully the data are subjected to error. Am I correct?

Would it make any difference if they did initiated action (i.e. to sue me at a court of law) but that I cannot be traced at the time. Nevertheless, I plan to pay them in installments. I have saved some money and perhaps need to withdraw from my EPF whenever I am allowed to settle these account. When I was still at home, I tried to arrange repayment but was rudely turned down because they felt the monthly amount proposed was too low, even though I was prepared to increase the installment amount whenever my income permits. I have kept my passport valid. Yes, I would like to know more how a bankrupt person can possibly travel oversea.

Thank you all for your responses. As always am proud of us Malaysian; renown as friendly and sincere people in the eyes of the world! Have a good day.
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answered on Sep 30, 2011 at 10:24
by   vkpc
I read the disclaimer carefully the data are subjected to error.
The immigration website is very accurate.  This means that you are not a bankrupt.

Nevertheless, I plan to pay them in installments.
If you pay them in installments or write letter to them asking for payment in installments, it means that you acknowledge that you still owe them after more than 6 years.
It will allow them to sue you and make you a bankrupt.

Either pay in full or don't pay at all.
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answered on Sep 30, 2011 at 23:55
by   1818
edited Apr 11, 2016 at 04:30
 
@Khor

Here's how this guy could still travel out of Malaysia even though he has already been declared a bankrupt:
https://www.lawyerment.com/answers/questions/8804/55-years-epf-withdrawal-for-bankrupt

Notes:

I. One must have a valid passport.

II. His strategy certainly seems plausible but I have not tried it out yet, so you be the judge.

Regarding the Limitation Act, if a bank did not sue you 6 years after your last payment, they can't sue you anymore, to me, these two posts below (by the SAME person) sound contradictory, again, you be the judge. In fact, if you want to be 100% sure if any stuff posted on the Net is for real, you should check with a qualified professional in person, in this case, a bankruptcy lawyer. Good luck!

25 Aug, 2011 15:46:08

Curious why do you say after 12 years will be free as a bird? What happens after the 12 years?
If the bank did not sue you, after 6 years they cannot sue anymore. So you owe nothing.

If the bank sued you, after 6 years they have to apply to the court if they still want to collect from you.

If the bank sued you, after 12 years, they cannot force you to pay anymore.

This is Law.

26 Aug, 2011 12:07:25

what is the possibility for the bank to get the approval to over write the limitation act. Can the bank use the reason like overlook the case, cannot find the debtor... to apply to over write the act?
It never happens, and it can't happen.
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answered on Oct 1, 2011 at 00:01
by   vkpc
I don't see any contradictions....
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answered on Oct 1, 2011 at 00:31
by   1818
Whatever...
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answered on Oct 1, 2011 at 16:32
by   steven
edited Apr 11, 2016 at 04:32
 
Hi 1818,

The word "SUE" means that the bank's lawyer had issued:
(1) a LETTER OF DEMAND or
(2) SUMMON to appear for FIRST MENTION?
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answered on Oct 1, 2011 at 20:39
by   1818
edited Apr 11, 2016 at 04:32
 
(2) SUMMON to appear for FIRST MENTION
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