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Penghakiman Ingkar Kehardiran

New MessagePenghakiman Ingkar Kehardiran (modified 0 times) Nick wong
Hi, I received another letter of Penghakiman Ingkar Kehardiran copy from Bank lawyer. Does it means the plantiff has applied the judgement order from court? I didn't received any letter of notis kehardiran earlier.Can i appeal at appeal court as i didn't receive first letter to contest?What can i do now?
29 Aug, 2011 11:50:09

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
Did you receive the summons to go to court?
If you did not receive, call up the bank lawyer and ask them to fax to you a copy of the summons.
29 Aug, 2011 12:03:38

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick Wong
Hi vkpc,
Is the summon still can help me at this stage? I think the judgement order already filled without our knowledge.

The content wrote as below.

TIADA KEHARDIRAN telah dimasukan oleh Defendan dalam tindakan ini MAKA ADALAH PADA HARI INI DIHAKIMKAN bahawa defendan hendaklah membayar kepada plaintif:-.....

Bertarikh pada 16 haribulan OGOS 2011

29 Aug, 2011 12:20:00

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
After they fax you the summons, ask them to fax you the proof of postage of the summons to your address.
If they posted to the wrong address, you can apply to the court to set aside the Penghakiman.
Talk to them nicely, politely and in a friendly way.
29 Aug, 2011 13:04:21

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick wong
Thanks vkpc, not managed to call lawyer firm, could be closed for holiday. will try it again next week. hope i can appeal for judgement order.
29 Aug, 2011 15:34:47

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick Wong
Good day VKPC,

I manage to call the bank lawyer, they explain to me that the summon letter is send via registered post. That's mean no need proof to postage to set me default judgement. Is there still chance for me to set aside judgement as i see typo mistake of my address?

05 Sep, 2011 12:37:11

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
Ask them politely to fax you the Registered Post Receipt. (this is the proof of posting)
Check the address written there carefully.
05 Sep, 2011 12:41:57

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick wong
Vkpc,
The lawyer saying there is a clause in personal loan that there is no need proof of registered post to set me default judgement. I don't have the copy of personal loan agreement to check if is correct or their excuse.Can the court accept file for set aside judgement as reason that i didn't received any summon-without registered post receipt as supporting document?
05 Sep, 2011 23:12:42

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
So the question is, did they send the summons by Registered Post or not?
If they did send by Registered Post (as they claimed earlier),
there is no reason why they will not show you the receipt.

Ask them again whether what method they sent the summons.

Can the court accept file for set aside judgement as reason that i didn't received any summon-without registered post receipt as supporting document?
Some judges don't check properly.

Did you receive a Letter of Demand from them?
Ask the lawyer to fax you the personal loan agreement clause as well.
If the lawyer is not cooperative, you have to draft an official letter asking for the proof of posting receipt and send to them by registered mail.

06 Sep, 2011 07:46:15

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick wong
Yes, i did received letter of demand from lawyer firm. Is there any helps?

The lawyer says that the summon can be send in normal mail as stated in personal loan agreement clause. But, the summon didn't served to me as the address is correct as my home address.

Can i just file to setaside judgement first, then the lawyer will find the proof of my summon received? I worry they will start to execute judgement very fast.

Many thanks vkpc.

06 Sep, 2011 11:43:09

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
Did they fax you the agreement clause?
How much you owe the bank as stated in the Perintah?
07 Sep, 2011 10:22:08

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick wong
I've made appointment at lawyer firm tomorrow as their clerk lazy to find my document. Once i can confirm the lawyer said is not right, i can go to high court to file set aside judgement. The amount more than 100k. I'm getting nearer to bankruptcy status. so worried now.
07 Sep, 2011 14:07:54

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) notalawyer
I've made appointment at lawyer firm tomorrow as their clerk lazy to find my document.
What document are you trying to find? I don't see the point of going there. Don't waste time.

i can go to high court to file set aside judgement.
If the Judgement is from Sessions Court, you have to apply at the same Sessions Court, not High Court.
There is a rule that says that you have 30 days to apply once you receive the Penghakiman, so don't be late.

What you should do is write a letter asking for proof of Registered Mail postage of the Summons within 48 hours of your letter as per Order 7. Rule 1.(1) of the Subordinate Court Rules 1980.
Even though the bank lawyer say that there is a clause in the loan agreement stating that normal mail is sufficient, he/she is wrong because any clause that contradicts any law is null and void, and Subordinate Court Rules 1980 has the force of Statute Law.

So, if they do not reply your letter within a few days, quickly file an application to the same court to set aside the Penghakiman. You don't need a lawyer to do this.
Post your draft letter here for us to check. Make sure the clerk stamp acknowledge receipt of your letter on your copy.

07 Sep, 2011 15:18:20

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick Wong
Thanks notalawyer,

My case is at high court. Does the rules apply the same as session court? I don't want to waste my time now as the lawyer refuse to give me registered post receipt and i really didn't sign for this summon.

To file for set aside judgement, i know the form is available at court, just need to fill in the details. Do you mean draft letter to lawyer firm or to court? My default judgement stamp on 16th aug 2011. I have only 1 week left.

07 Sep, 2011 15:55:17

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) notalawyer
My case is at high court.
This is unusual because the Sessions Court can handle cases up to RM 250k.
Is your amount more than RM 250k?

Does the rules apply the same as session court?
Yes. Rules of High Court 1980 Order 10. Rule 1.(1) say the same thing. Either personal service or A.R. Registered.

Do you mean draft letter to lawyer firm or to court?
Lawyer Firm. You need to do this fast. Post your letter here.

To file for set aside judgement, i know the form is available at court, just need to fill in the details.
You must be joking. Malaysian Court is not so user friendly. You need to File :-
1. Notis Bertindak Sendiri
2. Saman Dalam Kamar
3. Supporting Affidavit

Have you bought William Chan's book? It will help you.

07 Sep, 2011 16:33:04

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick Wong
Notalawyer,

yes, the amount is more than that.
I don't have any reference to write letter to lawyer, i hope this will works. Is this ok?

{Name} September 8,2011
{Address}


{Lawyer firm}
{Lawyer firm address}


Dear Sir,

RE:Kuala Lumpur high Court Writ Summons No:XXXX-XX-XXX

I’m acting as defendant for this summon above mention. I did not received the writ summon as suppose to delivered to my address stated correct in writ summon letter to attend the high court on 25th July 2011. I hereby would like to request for proof of Registered Mail postage of this Summons within 48 hour of this letter as Rules of High Court 1980 Order 10. Rule 1.(1)

Your corporation is much appreciated

Thank you,

Yours faithfully,


……………………………
(Name)

07 Sep, 2011 17:40:03

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) notalawyer
{Name} September 8,2011
{Address}

By Registered Post and Fax : XXXXXXXX
Your Ref : .......................

Tetuan {Lawyer firm}
{Lawyer firm address}

Dear Sir,

RE:Kuala Lumpur High Court Writ Summons No:XXXX-XX-XXX

I refer to your letter dated DD/MM/YYYY with enclosed Judgment In Default entered on DD/MM/YYYY

Kindly explain why the Writ Summons was not served on the defendant either by Personal Service or by A.R. Registered Mail as per Rules of High Court 1980 Order 10. Rule 1.(1)

If you have such proof of service, kindly reply this letter with the documentary proof with 48 hours of this letter.

Kindly Take Notice that if you fail to reply this letter within the stipulated time with the said proof of service, the defendant will have no choice but to assume that the Writ Summons was not legally served as per required under High Court Rules.

Thank you,

Yours faithfully,

……………………………
(Name)

07 Sep, 2011 18:27:43

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) notalawyer
Correction.

If you have such proof of service, kindly reply this letter with the documentary proof within 48 hours of this letter.

07 Sep, 2011 18:30:08

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick wong
Thanks notalawyer,
Just complete the letter, will send via fax and A.R post. For now, i need to buy high court book to prepare letter to set aside for judgement.

I've read william chan's book, my case is at advance stage now. Hope to get more help and support from you.

07 Sep, 2011 23:53:21

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) notalawyer
For now, i need to buy high court book to prepare letter to set aside judgement.
A letter cannot set aside any Judgement.
The list of documents required to be filed to set aside the judgement was already posted earlier.
08 Sep, 2011 00:18:09

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) virnicia
Nick Wong,

Why you owe the bank more than RM250k personal loan!
So much one. What happened to the money?

08 Sep, 2011 10:24:55

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick wong
Dear notalaywer/vkpc,
I went to lawyer firm this morning to request for proof of Registered Mail postage of the Summons. They give me a copy of Post berdaftar with pos tracking code. I try to track & trace at online pos website and found

1.) The summon letter is not delivered and send back to Post headquarter.(Delivered at (500000) PPB KUALA LUMPUR)
2.) The summon letter try send on 30th July 2011 but the court hearing date is on 25th july 2011.

As they are using registered mail(not A.R. Registered), there is no proof of registed mail postage.I have to go post Malaysia headquarter to get copy of tracking record. Is it valid for me to file as supporting Affidavit?

Thanks in advance.

09 Sep, 2011 11:46:38

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
The summon letter try send on 30th July 2011 but the court hearing date is on 25th July 2011.
Why they try to send the summons after the hearing date is over! Silly or not?

Some questions.
1. When is the Judgement Date? ( the date the judge gave the decision )
2. Is the Judgement Date same as the hearing date?
3. What do you want to do? Buy time or win the case totally?
4. Do you want to use a lawyer to try to set aside the judgment or you want to represent yourself?
If you want to buy time, i think notalawyer can help you prepare the 3 documents he mentioned.
You will still need to attend the hearing. If you win and the judgment is set aside, the judge may ask you to file your defence within 30 days (as if you have received the writ summons )

Setting aside a judgment in High Court is not as simple as you may think and may require careful planning and drafting of the documents. If you fail to set aside the judgment, RM5,000 costs may be added to your debt.

09 Sep, 2011 13:11:58

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) Nick wong
The hearing is on 25th july, and the default judgement is on 16th of august. Basically, i want to delay the court another 6 month as i know hardly to win the court due to the amount owe with other bank is alot.
I just brought the high court book to prepare for 3 document.

If i lose to set aside judgement, RM5000 will be added to my debts. So if i declared bankruptcy, i don't need to pay anything, correct? If this the case, i will take this risk to delay judgement execution and bankruptcy.

09 Sep, 2011 13:47:21

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) notalawyer
Post the 3 documents here.
09 Sep, 2011 18:40:12

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
nick,

Have you sent the letter?

I think you mixed up the Judgment Date with the Extraction Date.
Check again carefully as it is very important.
If you are not sure, post the whole Penghakiman here.

10 Sep, 2011 07:57:32

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) nick wong
Vkpc,

I can only see date 16/8/2011 in all default judgement document. May i know how much do i need to spend to file for set-aside judgement. I'm still considering time and money effort while preparing for 3 document.

10 Sep, 2011 22:01:49

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) vkpc
Have you sent the letter?
10 Sep, 2011 23:53:53

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) nick wong
Yes, i've A.R. post and fax the letter. But, i went to lawyer firm myself last friday, they just give me the proof of sending out the registered letter with post tracking number. After i check at online pos tracking, it's all return back to sender and the sending date is later than court hearding date. I'm planning to print out the post tracking record from website as supporting Affidavit.
11 Sep, 2011 10:24:04

New MessageRE:Penghakiman Ingkar Kehardiran (modified 0 times) notalawyer
May i know how much do i need to spend to file for set-aside judgement. I'm still considering time and money effort while preparing for 3 document.

If you use lawyer, the cost is about RM 10k++
If you represent yourself, the filing costs will come to about RM 100
The rest is your time and traveling. You may need to go about 4 times.

The drafting of the document (the words you choose) is crucial,
if you make a mistake, they can take advantage of it.

11 Sep, 2011 11:58:30


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