Thursday, July 22, 2010

Legal Query.

Something to share with everybody. The issue regarding execution of judgment. Query start from bottom of post. 

From: (deleted)
Date:
22 Julai 2010 5:53:27 PM GMT+08:00
To: Kamarul Irzuan bin Busu Piah <kirzuan@gmail.com>
Subject: Re: Legal Query.

Dear Kamarul,
Yes you are right, the case is from the High Court, you have given both my friend and myself a valid pointer 30-40k sounds very much reasonable, at this point - they didnt
talk out any of the processes with my friend, just slammed him with a 100k bill - but we must thank you, as now my friend who is facing his first legal dilemma in years as some pointers to go about, i wish you the very best, my friend too wishes you well thanks you from the bottom of his heart.

--- On Wed, 7/21/10, Kamarul Irzuan bin Busu Piah <kirzuan@gmail.com> wrote:

From: Kamarul Irzuan bin Busu Piah <kirzuan@gmail.com>
Subject: Re: Legal Query.
To: (deleted)
Date: Wednesday, July 21, 2010, 11:06 PM

Hi. Thank you for your email. Enforcing or executing a judgment may vary in methods:-

1- bankruptcy proceeding against individual defendant. 
2- or winding proceeding against company (defendant). 
3- or by way of writ seizure and sale. 
4- or by way of judgment debtor summons. 

Each execution methods will carry different legal cost. 

Looking from the judgment sum/amount, I believe the case was from high courts thus the execution shall be proceeded in high courts too. 

Legal fee for most of lawyers in high courts matter (though may be vary from one another) may start from RM30k to RM150k (not definate). 

It depends on: complexity of to carry out the execution, length of time, amount of estimate work and so on which will be determined by the lawyer after taking brief of your friend's matter. 

Sent from my iPhone

On 22/07/2010, at 4:55 AM, (name deleted) wrote:

Dear Kamarul,
I wish to thank you deeply on your blog, its been very informative for a layman like myself to understand the basic subtleties of Malaysian Law.

I was wondering if i could ask you a specific question, with regards to one of your post.
and hope that you will be kind enough to answer this

If a firm is merely enforcing a judgement and had not been involved in winning the case,
what is a healthy percentage of money should the plaintiff consider parting ways with the enforcing firm, i know its a pretty subjective question, and most firms charge differently 
according to their size and expertise, a friend of mine, had gone through this and the enforcing agency wants 100k (25k pre payment) non returnable - and he doesn't even know if he will get
the entire 350k owed to him, poor chap has three children and someone took him for a ride for 3 long years, he had a very good laywer who won the case for him, but is now in the process of migration to a foreign land.

I feel pretty bad for him, as your views are direct and empathetic, and i thought just maybe there would be someone that would be interested in clearing his doubts, so that
he would know his rights

Thank you so much for your time.

(name deleted)



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