Payment Amount

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asked on Apr 26, 2001 at 01:37
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Hello,
I need some advice.  I'm currently being told to appear in the court due to non payment of some HP & Personal loan. I do not want to be blacklisted, I still want to pay. It's just that I can't pay the amount that the bank is asking. My questions are :-
1) When in court can I tell the court how much I can pay ? Will the court listen ? The bank's lawyer is demanding me to pay RM800 per mth, ask me to give them the agreement letter to pay this amt ASAP. I can only afford around RM300 per mth. ( I was retrenched, my dad just got out from the hospital from a few surgeries & I just got a job ).
2) Will my name be blacklisted ?
3) This coming May will be the second date being set for trial.  The first trial 14th Feb was cancelled by the court, claimed summons not received. Why do I still pay the bank some hefty legal fees of more than RM500 ??  Can I reject paying this as there was no court case ?
4) What will happend if I don't appear in court ?
Thank you so very much !
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1 Answers
answered on Apr 26, 2001 at 16:09
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Your name will automatically be blacklisted by the bank computer system if it's overdue for a certain period (probably 3 months)- which is normally refered to as "Terminated" or "Suspended" account.

Under any agreement with the banks there is always a clause stating that they have the right to proceed with legal action against you for overdue amount and any costs incurred will be borned by you. Thus they have the right to proceed with the legal action and you must pay for it. You case is already a court case but just that you did not attend the hearing.

Please note that if they are unable to server the summons to your for three continous hearing fixed, they will apply to the court to have the summons advertise in the newspaper which is called "substituted server" and deemed serving the summons to you. After which a judgement will be obtained against you.

Even if they served the summons on you and you attended or not attended the hearing, they will still obtain a judgment against you. The judgement states that you have been adjudged the amount and legal costs to pay the bank. A copy of the judgement will also be sent to you.

After obtain the judgement there are several execution the bank can proceed against you to recover the debt including the bankruptcy action.

You should have also receive a copy of the "NOTICE OF APPEARANCE - Monetary Claims - General Title - 2" form together with the summons. You should fill in all the information and your proposal and expenses or dispute the claim in the form.

In your situation, you are advised to attend the court and inform the magistrate of your situation and make a proposal. Make sure you have the proof that you are unable to pay the amount demanded.

If they have accepted your proposal, make sure you make the payment monthly or as proposed or they can without notice proceed further after obtaining the judgement. Execution of judgment costs more than the summons-judgement stage.
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