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Bank's lawyer Summon me to appear court 1st mention

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asked on Dec 1, 2011 at 04:58
by   steven
Hi 1818,

This afternoon received an A.R.Registered letter from Bank's lawyer dated 14/11/2011 summon me to appear in court on 27/12/2011 at 2.00pm at the KL Magistrate court because i owe this bank RM19,xxx credit card debts which was converted to term loan @ 10% p.a.

1)Should I go to KL to defend myself so as to delay the case and ask for transfer case to Penang?
2)What documents to prepare if I decide to delay the Judgement.
3)Is the fees charge by the lawyer fair? (RM50 + Rm500 for court fee + RM500 lawyer fees)
4)If I choose not to attend, then I will be make a bankrupt in 4 to 5 years time when the debt accumulate to RM30,000. By that time do I still have the option to appeal for this case to be postponed?
5)What is your best advise: to defend or not ?

Thanks and regards,
steven
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answered on Dec 1, 2011 at 16:08
by   vkpc
Attend-lah to get some court experience.
Did you read William Chan's book?
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answered on Dec 1, 2011 at 23:51
by   1818
Hi Steven,

Like I mentioned before, unless you have strong hole/s to fight, you must have an exit strategy (like migrating or winning the lottery or something), otherwise, you would just incur more debt (legal & court fees) + take on a lot of stress travelling to KL from Penang 10-20 times + preparing your case to fight the bank lawyer + spending quite a bit on travel expenses. The worst is, without strong holes to win, if you fight and lose, the bank will also likely bankrupt you.

Bottom line: Knowing what I know now, if you don't have strong holes, you should only fight to delay your case to buy time to leave the country or something better. Once again, this is just my layman opinion, I might be way off base. Good luck!
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answered on Dec 2, 2011 at 04:08
by   steven
Hi vkpc,

I have bought and read that book but did not mention what are my success rate to get the case transfer to Penang if I delay the case! If I can get this case tranfer to PG 2nd or 3rd time mention, then I will fight till the end. Spending money to and fro PG-KL with no chance of winning is no fun. Like what is mentioned by 1818, if i don't have any excuses to defend I can only delay the case. In the final, the bank's lawyer still want to bankrupt me.

Anyway I will go this time just to get some experience. Pls advise me how to file my documents to lawyer.
Thanks you vkpc

Hi 1818,
Thanks for the advice.

When a man has not enough money to spend, going to KL to attend court can be very stressful. I will take a 6.00am bus from Pg, reaching KL probably 11.00am, then ask someone to show me the way to take LRT to go to Magistrate Civil Court at Jalan Duta.

Thks
steven
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answered on Dec 2, 2011 at 04:40
by   1818
There is no LRT running to Jalan Duta Court Complex, instead, take the LRT to Masjid Jamek station, look for Wisma Kraftangan, opposite the huge & tall Menara OCBC (OCBC Head Office), Wisma Kraftangan very, very near the Masjid Jamek LRT station, wait for van shuttle (RM2 per trip, that was the fee about a year ago) in front of Wisma Kraftangan to take you all the way to the doorstep of the court house. There is also a public bus that runs every hour or so, if the bus comes first, take it, save RM1, bus will also take you to the same place. I can't remember the bus service number, ask around.

Both my FIRST MENTIONS were at held at Jalan Duta Sessions Court, I did not file any attendance documents both times, I just showed up that day. No problem whatsoever. I could still delay by asking the registrar for time to look for lawyer. My reason was, I do not agree with the amount the bank is claiming from me, no need to give detalis/proof to anyone that day.

I'll tell you exactly what you need to do when you reach the court building tomorrow - if you are interested.

Before I forget, bring your own water so you don't have to pay more at the canteens there, they serve lousy food & drinks too.
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answered on Dec 3, 2011 at 05:09
by   steven
Hi 1818,

Thank you so much for your kindness instruction.
I will be there on 27 December 2011, around 11.00am. I am really glad and look forward to see you there.

1) Inside the lawyer letter there are 2 set of NOTIS KEHADIRAN asking me to reply to lawyer whether I am going to  defend my case or accept the bank's claims. Do I need to reply and pay RM4/- to file these documents?

2)If I don't reply and just go there without any documents, would my case be heard?

3)On that day can I ask for transfer of this case to be heard to Pg?

Thank you again
steven
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answered on Dec 4, 2011 at 22:06
by   1818
@Steven

You wrote: I will be there on 27 December 2011, around 11.00am. I am really glad and look forward to see you there. My communication skills are clearly lacking to lead you to think I'll meeting you at Jalan Duta court complex. My apologies. I've not stepped foot on Bolehland soil for almost a year now, and I have no intention of going back to a place where I am called penumpang and/or pendatang, and told to balik ke Cina, thanks, I'll pass. Yes, I used the "leave M'sia" exit strategy.

More importantly, before I answer the rest of your questions, I've a question for you, will you be willing to share with people your experiences with the banks and give them useful tips like I have freely given you and others here? (I'll be starting a small business soon, once it takes off, I would be too busy to be here. Small business = labour intensive + gotta wear many hats.)
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answered on Dec 5, 2011 at 03:56
by   steven
Hi 1818,

Thanks for your reply. 

To share my experiences with others is my wish also because I gain a lot of confident from this forum. Before I found this forum, I was in great fear, stress and anxiety with many sleepness nights. I look older and rusty! I had borrow some money from my brother and sister to help me out temporary but not enough to cover my debts, mostly credit cards and personal loans.  I had sucessfully applied for AKPK but I defaulted my payment after 1 year of payment due to no steady income.

Many thanks to people like you, notalawyer, vkpc, etc whom I get a lot of info and learn a lot from people who had gone thru this ordeal.

I got my sister's daughter who study law in KL to help me out when I reach KL.

I can relax a bit now and gain some weight because these Collection Agency seldom call and not many letters from banks' lawyers. But I must be prepared, these letters might come in any time because I already stopped all payments to banks since March 2011.

Don't worry 1818, from these experiences I had gone thru I had become a more humble person looking at things spiritually. These hardship I had gone thru is a cleansing from God, due to my bad karma in the past life so this life time had to pay back. In this life time, do more meritorious services. Just be mindful always with our thought, speech and actions.  Every morning wake up with a heart of gratitute, humbleness and acceptance of the will of God.

Thanks and regards
steven
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answered on Dec 5, 2011 at 04:53
by   1818
1) Inside the lawyer letter there are 2 set of NOTIS KEHADIRAN asking me to reply to lawyer whether I am going to defend my case or accept the bank's claims. Do I need to reply and pay RM4/- to file these documents? Like I mentioned before, for both my Sessions Court mentions, I did not mail anything to anybody, I just showed up, no problem whatsoever, well, at least for me.

2)If I don't reply and just go there without any documents, would my case be heard? Same answer as above.

3)On that day can I ask for transfer of this case to be heard to Pg? You may apply on that day bt if you want to delay your case as long as possible, apply about a week before your next hearing date. According to William Chan's book, you will need to prepare a cover letter and an affidavit to apply for transfer, chances are, the court will reject your transfer application but this is a good way to delay your case. If delaying is your plan, ask the judge or registrar for time to find a lawyer, usually you will get about 30 days to find a lawyer, that 30 days is your hearing date to defend your case. About a week before the hearing date, you send in the cover letter and affidavit to apply for transfer, in fact, to delay your case longer, your first step is to apply for arbitration, there is a form to fill, I read from here that this is a new step, that is why it is not mentioned in William's book.

Good luck!
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answered on Dec 9, 2011 at 04:05
by   steven
hi 1818,

you mean immediately AFTER the 1ST Mention,on that day,  I can get a form from the counter to apply for Arbitration to apply for case transfer to Penang?
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answered on Dec 9, 2011 at 04:46
by   1818
That's what someone here said, ask around. This is something new to me also.

On the mention date, when you reached the court house lobby, take the lift or walk ONE floor down, then look for a kiosk, key in your summons number at the kiosk so you know which floor and room you need to proceed to, if I remember correctly, you will also need to fill in a form which you can get at a window near the kiosk - to pass it to the registrar's assistant. Good luck!
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