How to wirte Notis to Set Aside Judgement in Default

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asked on Oct 11, 2012 at 21:19
by   GRLE
I hope someone can help me in writing notis to set aside Judgement in Default.

My scenario as below:

- Receive a write summon(in my mailbox,nobody signed on it) on 10 Sept 2011 from plantiff asking me to present myself in mahkamah sesyen KL on 10 OCt 2012 and request to fail NOtis kehadiran within 14 days.

- This is my 1st summon, I read the summon and can't find any notis of kehadiran attached. So I didnt reply.

- On 10 OCt 2012,I "hadir diri" at Mahkamah Sesyen and meet the plantiff lawyer. The lawyer told me that Judgement in default entered againts me on 3 Oct 2012.

- In the cubicle with REgistrar, I mentioned that I wish to set asite the judgement in default. But reply from Registrar : " Saya tidak menetapkan apa-apa tarikh hearing" What does this mean?

- I told the lawyer i wish to set aside the judgement in default entered against me. THe lawyer say"You can do it within 6 monnths" I ask how to set aside? THe lawyer reply "you find out yourself".

My Question:

1. When should I set asite the judgement in default(as soon as possible better or later maybe 5th months - in order to buy time?

2. Registrar reply: " Saya tidak menetapkan apa-apa tarikh hearing" What does this mean to my case? pending? or plantiff can do something on me?

3. Any  sample to file my Permohoman to set aside the judgement in default? What should i reply in the notis?

I hope Notalawyer or any kind people can help me asap? Appreciate your kindness.

THank you

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