What happens when you received a letter from a lawyer? You should
NEVER EVER ignore it. Ignorance can make you a BANKRUPT.
There are people who think that by avoiding the problem long enough it would eventually make the problem go away.
Unfortunately this is not true. When a lawyer issues you a letter, it is usually something IMPORTANT.
The first thing you should do is to READ the letter. Identify the reason the lawyer is writing to you. Is it related to the property that you have just purchased or did you offend someone? Either way, it is always wise to consult a lawyer for advice.
Summons
If the matter is related to a claim against you, what follows from the letter would usually be a SUMMONS. When a Summons is served on you in Malaysia and you wish to DEFEND the action, you will need to enter appearance within 14 DAYS from the day you received the Summons. Failing which, a JUDGMENT can be entered against you.
If you are an individual you can enter appearance for yourself by completing a memorandum appearance, which is usually attached with the Summons, and filing it in court. The next logical step of course is to HIRE A LAWYER to defend the claim for you. If you are a body corporate you MUST appoint a lawyer to enter appearance for you.
Do Not Play Hide and Seek
It is always better to deal with your problems than to have your problems dealt with you. When a lawyer tries to serve you a Summons, do not play hide and seek with him. If a lawyer cannot serve you the Summons, a court order can be obtained to serve it using a substituted method. This is usually done by publishing a copy of the Summons in Court and advertising it in the News Papers. If you failed to attend court on the next available date or enter appearance, a judgment can be entered against you.
Execution of Judgment
Once a judgment has been obtained against you, the lawyer can execute the judgment. If you are an individual and the monetary judgment is only RM35,000.00 and above, a bankruptcy proceeding can be taken against you. If you are a body corporate and the monetary judgment is only RM500.00 and above, a winding up proceeding can be taken against you.
Even if the judgment sum is less than RM35,000.00, there are many ways a judgment can be executed against an individual. E.g by way of garnishee (where the court can freeze your bank account and deduct the judgment sum from your bank account); or if the outstanding sum is rental related the court can seal of the rented premises and auction the assets in the premises…etc
Do(s) and Don’t(s)
- It is always better to hire or consult a lawyer early before a Summons is taken up against you. The earlier the matter can be dealt with the easier it can be prevented and the cheaper it will cost.
- Do not delay the matter or have it escalate to something worse. Not all matters can be remedied.
- It is not encouraged to approach or sought advice from the same lawyer who issued you the letter or Summons. A lawyer who issues you the letter will not act for you in the same matter. He is already acting for a client who may be against you. Any advice given by him would not be the best advice for you because you are not his client and he must put his client’s interest (the one who pays him) before you.
- Hire a lawyer you trust and not because he is cheap. If you do not trust your lawyer there is really no point of hiring him or her. It is advisable to ask around and get recommendation from friends and relatives who had dealings with lawyers before.
- Learn from this experience and make sure your lawyer keeps you informed of the status of your case. It is your responsibility to know what is going on with the affairs of your case.
