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Won a lawsuit but... (modified 0 times) just My father won a lawsuit for RM$600.000.00 but the debtor unable to settle the amount. From what I heard was he refused to pay even he is very rich. The debtor finally filed for bankruptcy for his company. Our lawyer told that his company, which filed for bankruptcy has no assets, property and money to pay for. We end up get nothing from the lawsuit that we have won. Instead, my father lost RM$25.000.00 for lawyer fees and other expenses. When the case was being held I was in oversea studying. Since my father can't understand English at all, I doubted the lawyer might have cheated my father. Now, I'm trying to help my father to look into this case but I have no idea how to do it. Can anyone give me suggestion how I can help my father? Can you recommend me a good lawyer to seek advice? Or anywhere I can find information like websites, books, etc. Please help! for we are in distress. 07 Dec, 2002 14:36:47

RE:Won a lawsuit but... (modified 0 times) benny well im no expert, and im speaking from a american law standpoint. if he was the sole owner of the company, you may be able to sue him directly. or if you can prove that his actions caused a loss of 600.000.00 to your father then he could still possibly be liable. of course i have no idea what happened so its hard to say..... 02 Jun, 2003 07:44:51

RE:Won a lawsuit but... (modified 0 times) fitzrin Hi, I believe we should look to the facts of the case. It is well known principle that if the company filed a winding up application ( in Malaysia we say winding up but in other state such as US we say bankruptcy, that is the term) the any civil suits initiated against the company will be diverted to the Receivership. Of course, the Directors will do whatever necessary to transfer the assets of the company while the proceeding is still in process. The lawyer who handled your father's case should quickly freeze the assets of the company. If the company is likely to transfer the assets (like real estates etc) they should have filed prohibitory order from the court. If the company is likely to transfer the liquid assets of the company (like cash, shares, fixed deposit) they should have filed the garnishee proceedings. If they want to stay or freeze the assets of the company, say, the liquid or unliquidated assets of the company they should have filed the injunction against the company. Should your father's lawyer failed to do the above mentioned procedures, you should have filed a police report followed with civil action suit against the company directors for transferring the assets with illegal means etc. You can email me at fitz7630@hotmail.com if you need further explanation. Justice Can See In The Dark. Fitzrin 29 Aug, 2007 20:15:24

RE:Won a lawsuit but... (modified 0 times) Busybody A creditor got a court judgment on a debt but recovered nothing after the debtor company was liquidated. The creditor got an "empty" judgment and yet incurred with hefty expenses. Since your posting was dated in 2002 or 5 years ago, you would have made peace yourself. Did the directors of the creditor company wilfully disposing the assets to frustrate the creditor's claim? Making accusation is easy, but proving it is virtually impossible under our law as claimed by some legal experts. Directors are personally liable for it when there are proven of such practice. You take the easy way in blaming the lawyer handling your father's case. Claiming that you were studying overseas and your father does not know English are just excuses. What could you do even if you handle the matter personally? There are many smart and sharp people that do not know English. Credibility is important. Check you facts first before making your accusation. I have been in similar situation. I know your pain. I am suffering in silence. If you are really serious in taking action, you must do so now. I understand that there is a 6-year limitation to bring up your claim. You may have little time left. There are plenty possible arguments the lawyer may use. He has no duty to ensure the debtor not to dispose its assets. He was not specifically provided with such information or instructed to seek legal remedy. There is no legal basis for not making payment for legal services provided on the ground of non recovery of debt. The long shot is to go for bloke to recover evidence of criminal act in illegally siphoning the assets. It is NOT an easy task. I do doubt you have such determination and would back up by your action!!! 22 Jan, 2008 21:17:55

Adverse possession or squatter's rights (modified 0 times) Kasturi Hiya, How does 'adverse possessions'or 'squatter's rights works in malaysia? Owner A allowed B to built a house and stayed there from 1975.A sold his land to company C in 1991 but still B stayed there till 1993 and abandoned the place since then till todate.The house is now broken and everything seem to be dirty,no electricity,well is polluted, no furnitures,bedrooms torn aparted and roof leaking, basically is haunted and no one living there. Now company C wanted to sell the land and finds out that the land has been caveated by B. Does B has the right to caveat the land for reason to acquire adverse possessions or compensations?B has discontinued staying there since 1993.Has he fulfil the requirements for adverse possessions leaving a empty broken house on the plot of land? What should Company C do now? Thanks Graduate lawyer. 24 Jan, 2008 05:38:52

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