Advertisement

Received...WRIT & PENYATAAN TUNTUTAN from legal firm.

2326 Views  ⚫  Asked 3 Years Ago
asked on Dec 3, 2014 at 03:37
by   johorbahru
Dear all sifus..

I just received a registered letter today from RRR Bank's panel lawyer. Attached together with the legal firm's cover letter was the 'Writ dan Penyataan Tuntutan' stating that they had proceeded with legal action against me.

Amount owed is above 50k, so I guess they are proceeding with the bankruptcy order right after obtaining this Judgement.

Here are what I'm a little confused...and need some experts advice and guidance.

1) registered letter was not received and sign by anyone, the postal guy just dropped the letter into my
   mailbox, so does this count as I had received the registered mail?

2) on the front page of the 'Mahkamah' Writ, it only prints "WRIT" and nothing of sort which mentioned here
   in the forums as 'Writ Saman' or anything like it. So is this 'Mahkamah Writ' real?

3) both the WRIT & PENYATAAN TUNTUTAN (saparate copies) does not have any hearing or mentioned dates to
   attend, is this normal? But it does mentioned in the legal firm's cover letter that...
    i) kegagalan memasukkan kehadiran dengan memfailkan Memorandum Kehadiran di Mahkamah KL akan menyebab
       kan Penghakiman Ingkar Kehadiran di masukkan di bawah Aturan 13 Kaedah 1 Kaedah kaedak Mahkamah 2012.

4) Do I need to fill up and return/file in the "Memorandum Kehadiran" to the Mahkamah?

5) How do I apply to transfer all this future 'Hearings' to Mahkamah JB instead of the current 'default'
   Kuala Lumpur or even this Writ Summons?

6) This is my very 1st 'Court Case' and didn't know if I'm able to contest the summons as per suggestions
   here in the forums.

7) Can I just apply for the case to be transfer to Mahkamah Johor Bahru first and decide later if or not
   I'm able to handle the contesting & representing self in court?

8) On top of the "Writ" it has a print of payment RM100.00 with dates and time of payment (I guess)...

To all sifus...please assist me with my questions so as to decide if I can manage to contest this charge myself. Honestly I'm actually preparing to face bankruptcy, but need to understand if my options are viable after founding and went thru some postings here.

I sincerely appreciate all assistance and guidance and hereby thank all in advance. Thank-you sifus!

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

answered on Dec 3, 2014 at 20:00
by   vkpc
4) Do I need to fill up and return/file in the "Memorandum Kehadiran" to the Mahkamah?
Yes.  Do not delay. 
Post it here. File it at the Court Counter.

5) How do I apply to transfer all this future 'Hearings' to Mahkamah JB instead of the current 'default' Kuala Lumpur or even this Writ Summons?
You can apply to Court via a Notice of Application to transfer to JB, with good reason.  ( like you have to take care of your sick mother or something similar ).
This can be done after you have filed your Memorandum Kehadiran.
0 found this helpful
Helpful

answered on Dec 3, 2014 at 22:55
by   johorbahru
@vkpc

Many thanks for your response sir. Really appreciate your valuable inputs and guidance.

As per your advice...

4) Do I need to fill up and return/file in the "Memorandum Kehadiran" to the Mahkamah?
Yes. Do not delay.
Post it here. File it at the Court Counter.

(...am rushing to get the 'Notis Kehadiran' prepared now sir (will refer to the copy from William Chan's book). As to 'file it at the Court Counter' meaning, I have to do this in Mahkamah Kuala Lumpur? Coz I'm from JB and residing in JB since birth, and all outstanding facilities I had were applied in JB. Is there any other options to 'File In'? Or do I have no other choices but to drive up to KL just to do the filing?)

5) How do I apply to transfer all this future 'Hearings' to Mahkamah JB instead of the current 'default' Kuala Lumpur or even this Writ Summons?
You can apply to Court via a Notice of Application to transfer to JB, with good reason. ( like you have to take care of your sick mother or something similar ).
This can be done after you have filed your Memorandum Kehadiran.

(...being a local Johorean and had all my 'outstanding facilities' applied and approved in JB, should this factor be adequate to make the application?
Or I do need to make up further excuses to convince the court?)

Sir, looking forward to your guidance and advice...knew I had more to come overtime, so I would sincerely like to thank you and all other sifus in advance who's chipping in the advice to assist me thru this now and days to come.

Thank-U ALL!

JB
0 found this helpful
Helpful

answered on Dec 3, 2014 at 23:15
by   johorbahru
@vkpc

also checked my Case No. online and found out the schedule date is on 17th.Dec,2014 @ 2pm.

Here is my NOTIS KEHADIRAN which I 'copied' from the book...

Dalam Mahkamah Majistret Di Kuala Lumpur
Dalam Negeri Selangor Darul Ehsan, Malaysia

SAMAN NO: XXXXXX-XXXXX-11/2014

RRR Bank Berhad (xxxx-x)                        ................Plaintif
ANBH (IC No.)                                   ................Defendan

NOTIS KEHADIRAN

AMBIL PERHATIAN bahawa defendan mempertikaikan tuntutan Plaintif dan ingin menggunakan khidmat peguambela dan peguamcara, serta membuat permohonan untuk memindahkan kes ke Johor Bahru.

Alamat saya untuk penyampaian ialah

xx, Jalan xxx x/x,
Bandar xxx,
xxxxxx Masai, Johor Darul Takzim.
Tel: +6016-xxx-xxx

Bertarikh pada 3hb.Disember,2014

......................
Defendan

Pls. advice if there's any changes or amendment needed. Thank-you sir/s.
0 found this helpful
Helpful

answered on Dec 4, 2014 at 00:00
by   jeff005
@JB

You are under guidance from one of the best of the best in this current section. Do pay attention to the dot.

vkpc asked you to file a "Notis Kehadiran" first. Next only file "Notice of Application" to transfer file.

Honestly I'm actually preparing to face bankruptcy
Do think ten times over. Your debt of 50K is not that high. If you are in gainful employment, it be resolved. Read thru the current week postings which is applicable to yr current situation. Do you have any other bank debts? If there is, AKPK is also another option.

dan ingin menggunakan khidmat peguambela dan peguamcara
U have read William's booke... Self Represent la. Yours is a str case, why waste money on stupiad lowyers fees??

Sample of notis kehadiran at "King" http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-2926

oso Johorean..
0 found this helpful
Helpful

answered on Dec 4, 2014 at 00:50
by   johorbahru
@Bladirunner

Yes sir...noted all 'sifus' name within this forum and actually grateful and felt at ease to see responses and guidance from the 'sifus' of which include you sir.

Your notes...

Honestly I'm actually preparing to face bankruptcy
Do think ten times over. Your debt of 50K is not that high. If you are in gainful employment, it be resolved. Read thru the current week postings which is applicable to yr current situation. Do you have any other bank debts? If there is, AKPK is also another option.

(...overall 6 banks nearing 300k. Applied AKPK and service 6-8 payments, however even b4 agreeing to AKPK's arrangement, I had told them I'm unable to sustain their minimum recommended monthly payments which eventually eats into our livelihood for those months and decided to halt servicing the payments, and this is where I ended up today)

dan ingin menggunakan khidmat peguambela dan peguamcara
U have read William's booke... Self Represent la. Yours is a str case, why waste money on stupiad lowyers fees??

(...sir, am not really fluent in my English (were afraid I can't manage to grasp what were advised), so I really hope all 'sifus' to understand and extend a little patient if I had to ask more than 1 time. After reading thru this forum, had the urge to self represent but my understanding in English is 1, in Court, BM will be another dread to overcome. Am not like 'Gladt' and some others who can absorb and 'digest' advices like a pro. Pls accept my sincere apology...)
0 found this helpful
Helpful

answered on Dec 4, 2014 at 01:31
by   vkpc
dan ingin menggunakan khidmat peguambela dan peguamcara
U have read William's book... Self Represent la. Yours is a str case, why waste money on stupid lowyers fees?

No problem here.
You say want to use lawyer, but later self represent also can.

Hi johorbahru,

You will need very good reason like a sick mother to win the transfer application to JB.
0 found this helpful
Helpful

answered on Dec 4, 2014 at 02:27
by   johorbahru
noted @vkpc

...by the way if I put that I had a sick mother to take care off in my Notis Permohonan, would the Court ask for paper verification to that reasoning? If yes,and am not able to produce that verification, any other reasoning options?

JB
0 found this helpful
Helpful

answered on Dec 4, 2014 at 02:47
by   jeff005
@JB

Sorry.. I do not qualify as a sifu in such matters. I am an apprentice who just started to learn things. The post at "03 Dec, 2014 20:31:43".. The first part is also tutoring me.. the 2nd part is for you... "Glad" is a sifu in Laws of Contracts, his specialty. "notalawyer" is the sifu of "handling" court proceedings and related filings plus irritating even experienced lawyers.

Suggestions.. u may try to use other additional strong excuses like 2,3,4 school going children, weak grandparents to attend to, etc, etc...

File "Notis Kehadiran" asap and send a registered copy to the lowyers firm. You may be able to go JB court place and conduct a e-filing there. See if there is a khidmat guaman bantuan office there. Read what "King" has done..
0 found this helpful
Helpful

answered on Dec 4, 2014 at 03:14
by   jeff005
Submissions to court is in BM. Inside a court hearing, you can request for the oral submission in English or even in "Hokkien" as the case in JB. There are court interpretors there. You may have to inform the court Registrar in advance.

You have a huge debt of over 300K. If you cannot service or repay the debt, go to the court at KL and "be" bankrupted at subsequent legal proceeding by the same bank and report to JB JIM.. A one day trip can finish off if there is no "fighting". So the need to transfer the case may not be necessary after all....

If there is a need to delay bankruptcy proceeding to settle personal matters and to consolidate your resources, then "fight" to delay. Please take note that the bank may not initiate bankruptcy proceedings immediately after getting Debtor Judgement as in your case. You may have longer breathing space...
0 found this helpful
Helpful

answered on Dec 4, 2014 at 03:48
by   johorbahru
@Bladirunner

...thanks for the guidelines. Yes, it was pretty huge but compare to 1997 crisis outstanding it's just about one third of then. All cleared within 4 years.

This current mess was due to 2008 crisis accumulated from business failure. This is life...ups & downs.

Thought earlier to go once and for all (bankruptcy) but 2nd thought to see if there's another hit in life and repay all by delaying all this procedures.

In a dilemma right now, however 'Summons' had been issued and while preparing all paperwork, will try to talk to the '######s' in a day or 2 to see if some form of terms could be reached.

Had prepared...
1. Notis Kehadiran
2. Notis Permohonan
3. Afidavit Sokongan

Will put it out for advice...tq sir!
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.