It is hardly impossible for any person today to not incur some form of debt. Taking a loan, utilising the bank’s overdraft facility and using credit cards are some of the ways in which debt could be incurred. Some businesses have credit terms in which the purchaser is required to only make payment at a future time. Even if the payment were to be made upon delivery of goods or completion of services, the debt exists until it is paid. With such a web of interconnected debts, there are times in which a debtor would be unable to pay the debt that falls due. This article explores the legal process of debt recovery in Malaysia.
Briefly, an injunction is an order from the court that either prohibits a party from doing something or compels a party to do something. In our previous article, we discussed one form of injunction known as the Fortuna Injunction. In this article, we will be looking at another form of injunction known as an Anton Piller Order.
In our previous article in the Mind Your Legalese series, we discussed the different modes of initiating a suit, i.e. the Writ of Summons and the Originating Summons. Specifically for a legal suit commenced by a Writ of Summons, the defendant receiving a Writ of Summons must enter an appearance within the stipulated time, failing of which a judgment in default of appearance may be entered.
This article discusses what is meant by “appearance” and what is a “judgment in default of appearance”/
The legal world is filled with legal jargon that may be confusing and difficult for a lay person to understand. The “Mind Your Legalese” series was initiated to demystify legal jargon and help explain legal concepts.
So let’s start at the point of the beginning of a legal suit. How does one initiate a suit against another? In Malaysia, there are 2 main modes of initiating a suit – by way of a writ of summons and by way of an originating summons.