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Bank just issued a Writ of Summons against me. But I am a bankrupt. What should I do?

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asked on Nov 7, 2014 at 03:03
by   King
edited on May 8, 2016 at 06:29
 
I was surfing the Internet and stumbled upon a Writ of Summons (Commercial) ('Writ Saman (Dagang)') against me by a bank while searching the 'senarai kausa negeri'. The date of the Summons is this coming 17 November 2014. It must have been an unsettled credit card debt (card limit RM2k) which I owned from 2001 till about 2005 or 2006. I did have some correspondence with them in 2007 but their offer for me to settle was unacceptable to me then.

My questions are:

1. Should I appear on the hearing date at the court? Beside my name there's *not appointed*
2. Can I invoke Limitation Act?
3. If I am a bankrupt status now, what can I do there or now?

Can I go to court on that day 17 November 2014 and speak up, saying that I am a bankrupt since 2011? And also say that the plaintiff's lawyers have failed to do a bankruptcy search on me? And they have wasted the courts time and for the claim to be strike off by technicality and also Limitation Act (since I have not dealt with the bank since 2007 or 2008)?

Or can you suggest what my immediate action(s) should be?

Please advise. Thank you.
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answered on Nov 7, 2014 at 03:47
by   Nick
edited May 5, 2016 at 04:41
 
Are you reporting to JIM? How much was stated in the writ? Can you roughly remember when was your last payment? What was stated in the correspondence with them? Any admission of debt? Still have a copy?
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answered on Nov 7, 2014 at 05:26
by   King
edited May 5, 2016 at 05:41
 
@Nick

1. Yes, I have reported to Jabatan Insolvensi Malaysia (JIM)
2. No amount stated in the 'senarai kausa negeri.'
3. Last payment in 2005 or 2006. I wrote to them as there was a credit increment request of RM1k which I told them I didn't request for it. They said they'll investigate. Among other thing I stated that I was willing to pay up my used amount (about RM3k I think). That time they were asking me to settle for nothing less than RM4k. The copy of this letter must be lying somewhere in some boxes around the house.

Q. What about my question 1-3, can you advise?
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answered on Nov 7, 2014 at 21:47
by   Nick
edited May 5, 2016 at 06:40
 
@King

I have not gone thru these stages. I try to answer the best I can:

1. My personal opinion is that you should attend and settle any matters. "not appointed" may refers to "no lawyers appointed". You may to file a 'notis kehadiran' as soon as possible.

2. You can but in this case pointless unless you still have all the old documents in hand. The correspondence with them is what they may try to use to challenge the 6 years Limitation.

3. In a worst case scenario, ask the bank to go and get payment from you thru Jabatan Insolvensi Malaysia (JIM).

They are not required to check whether you are a bankrupt or not as this is a 'saman dagang', not a 'saman muflis'. Whether wasting courts time is not our issues and not for us to say. Let the Judge 'hamtam' the lawyer him/herself.

Hope this answers part of your questions. Where is your court case? Shah Alam or Jalan Duta? Why didn't you add on this credit card debt to your list of creditors when you first reported to JIM?
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answered on Nov 7, 2014 at 22:57
by   King
edited May 5, 2016 at 06:42
 
@Nick, thanks for your reply.

1. Shah Alam
2. I have not given my statement of affairs to JIM you see.
3. I plan to attend court (just show up there without filing for appearance), apologize, justify and inform that I know of this summons via internet/google, (that I did not receive any letters from the plaintiffs lawyers) and request for an extension of time (2 months) to seek legal advise regarding this claim. They can serve me the notice there and then, right? This gives me some time to go look for the correspondence backdating to 2007 and plan my SOC or strike off the claim, whichever, I shall use the technicality point.

Do you think this is a good strategy?

Thanks for replying again. People like you give people like us hope. God bless!
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answered on Nov 8, 2014 at 00:41
by   vkpc
3. I plan to attend court(just show up there without filing for appearance).
If you do that, there will be no hearing and nobody there.
You must file your Notice of Appearance early if you plan to appear.
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answered on Nov 8, 2014 at 01:56
by   Nick
edited May 5, 2016 at 07:04
 
(3. I plan to attend court (just show up there without filing for appearance)

If you do that, you get more followup issues, just like "Aurora", even when she is at the courthouse at 8am, she got a Judgment in Default (JID) against her.

https://www.lawyerment.com/answers/questions/9864/how-to-represent-yourself-in-court-to-set-aside-judgment-in-default-jid

-------------------------------------------------------------------------------
Quote notalawyer...

(how come you never file in your notis kehadiran? can we do that?)

Make no mistake, by law the bank can request to enter judgment if you did not file a 'Notis Kehadiran', meaning they have won.

But it is unusual for the bank to do that, and unusual for the judge to allow it unless you still haven't filed after 3rd mention.

--------------------------------------------------------------------------------

Bro...

Good Luck..

You can call me..

Jeff
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answered on Nov 8, 2014 at 04:00
by   King
edited May 5, 2016 at 07:15
 
Thanks vkpc & Jeff. The hearing is on 17.11.2014 at Shah Alam.

How do I file a notis kehadiran? All I have is the Date/Time, Room No/Panel, Bil, MRRS No., case category, Year (MT), and Parties.

Jeff, How and what number to call you at?
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answered on Nov 8, 2014 at 04:19
by   Bladirunner
edited May 5, 2016 at 07:16
 
@king
I meant you can call me Jeff. I can be reached at bladirunner@gmail.com but I seldom check mail.

@vkpc
HELP! I am nuts at court letters...
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answered on Nov 8, 2014 at 04:51
by   Jenny
Click "search" above and type "Notis Kehadiran". Have some good samples inside this forum. Try create one yourself and post here for checking.
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answered on Nov 8, 2014 at 23:19
by   King
edited May 5, 2016 at 07:23
 
Memorandum Kehadiran

Kepada PENDAFTAR,

MASUKKAN kehadiran bagi my name [NO K/P: XXXXXX] Defendan dinamakan dalam tindakan ini.

Bertarikh 17 November 2014.

..........................................
XXXXXXXXXXXXXXXXXXXX
[My name]

Kepada:-

<Plaintiff bank lawyers name>
<Plaintiff banks address>

Memorandum Kehadiran ini telah difailkan oleh <My Name>
<MyAddress>
<My Phone/Fax/Email>
Is this okay? I do one and directly go to Shah Alam Court and present this to the registrar? Should I make one copy for them to chop for my reference?
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