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 Q&A sessions on legal issues, ask me *wink*, Criminal, civil, family, probate.... ALL

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TSAbam_Beruang
post Jun 16 2017, 03:03 PM

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QUOTE(skyjuyce @ May 24 2017, 10:19 PM)
Hi AB, thanks for the reply. Sorry for the wrong term used. That is what I exactly means.

If that is the case, what is the requirement in order for to sue that person in court?

What do you mean depends on claim?

On the other hand, am I able to file a police report against him?

Thanks!
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There is no "requirement" per se to sue a person in court. The basic thing is, u need to have a VALID CASE against the person. If not, even after filling the claim in court, that person can apply to strike out your claim on the grounds that your claim is frivolous.

Depends on claim, meaning depends on whether u have a valid case. Whether there is a valid case, depends on the circumstances.

At the outset, i must stress that filling a police report is not a basic requirement before you file a civil suit in court. You can always file a police report against somebody for committing a wrong against you. Whether the police will take action and investigate the matter, that is a whole different issue.

TSAbam_Beruang
post Jun 16 2017, 04:02 PM

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QUOTE(Lyu @ Jun 15 2017, 10:43 AM)
Hi Mr Beruang

Mohon tindakan yg boleh diamik
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Technically speaking, police can arrest you for 24 hours on suspicious of any offence. What you need to do it to ask the police, are you under arrest? if yes, what offence am i being arrested for? They must answer you. They cannot detain you for more than 24 hours, if they want to detain more than 24 hours, they will bring your wife to the magistrates and ask for a remand order.

As for now, just bring all the relevant documents to the police station and prove that your wife is legally married to you. Should they detain more than 24 hours, i would advice you to get a lawyer to deal with the issues.


Lyu
post Jun 16 2017, 04:11 PM

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QUOTE(Abam_Beruang @ Jun 16 2017, 04:02 PM)
Technically speaking, police can arrest you for 24 hours on suspicious of any offence. What you need to do it to ask the police, are you under arrest? if yes, what offence am i being arrested for? They must answer you. They cannot detain you for more than 24 hours, if they want to detain more than 24 hours, they will bring your wife to the magistrates and ask for a remand order.

As for now, just bring all the relevant documents to the police station and prove that your wife is legally married to you. Should they detain more than 24 hours, i would advice you to get a lawyer to deal with the issues.
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Wow... so pro
Thx Abam Beruang
adamhzm90
post Jun 16 2017, 04:26 PM

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QUOTE(Abam_Beruang @ Jun 16 2017, 04:02 PM)
Technically speaking, police can arrest you for 24 hours on suspicious of any offence. What you need to do it to ask the police, are you under arrest? if yes, what offence am i being arrested for? They must answer you. They cannot detain you for more than 24 hours, if they want to detain more than 24 hours, they will bring your wife to the magistrates and ask for a remand order.

As for now, just bring all the relevant documents to the police station and prove that your wife is legally married to you. Should they detain more than 24 hours, i would advice you to get a lawyer to deal with the issues.
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what if they cant give an answer? they still can hold you for 24 hours?

TSAbam_Beruang
post Jun 16 2017, 04:40 PM

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QUOTE(hjffgjng @ Jun 15 2017, 11:37 AM)
if 13 yo boy having sex wif 40 yo woman,and the case viral and whole nation know

what will happe
what gonna happen to boy and what gonna hsppen to that woman
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QUOTE
if 90 years old grampa videocall sexuslly wif a minor what offence and punishment takes place??



Okay. In both scenarios, both of the ladies could be charged under s377E of the penal code. It is an offence to incite a child below the age of 14 to any act of gross indecency. Imprisonment up to 5 years and shall also be liable to whipping.

In the light of the new law passed in msia recently, Sexual offences against children 2017 , both ladies could be liable under s15 and s16 respectively. whistling.gif
iampokemon
post Jun 17 2017, 03:11 PM

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Bro, is there a law to protect tenancy for commercial properties against rental rising issues?

E.G: If my contract ends at 2+1 Year, the owner can raise the rental according to the amount he wants. But is there a Max % limit he could raise or there is no limit at all?

What if he insist to raise your rental from RM1k to RM3k? Is that legal?

This post has been edited by iampokemon: Jun 17 2017, 03:12 PM
iampokemon
post Jun 17 2017, 03:25 PM

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QUOTE(skyjuyce @ May 24 2017, 10:19 PM)
Hi AB, thanks for the reply. Sorry for the wrong term used. That is what I exactly means.

If that is the case, what is the requirement in order for to sue that person in court?

What do you mean depends on claim?

On the other hand, am I able to file a police report against him?

Thanks!
*
This type of case small tribunal court should settle easily. Only need to pay <RM100. But u need to show evidence from your bank statement that he really didn't pay you and evidence that he did stay on that premise on the period that he didn't pay your rental. Police report no use, they just won't care.

Easier settlement is just take his deposit and chain lock his doors under police supervision (witness) until he settle the debts.
RyanAtwood
post Jul 6 2017, 11:10 AM

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Hello, i would like some advice, i have been served the creditor's petition on bankruptcy and my court date will be on 23rd August 2017, but then there is another court date on 13 July 2017 which states Pengurusan Kes A, should i attend the 13 July court date? What should i do on 13 July 2017 in court? And i have some assets under my name, namely a motorcycle which costs less then 5k and a car with 3 years left of car loan still to pay, can i transfer them to another person before the bankruptcy court date? And what will happen to the car after i have been declared bankrupt, will it be taken away by the bank immediately? i still have other questions, but these questions will do for now. Kindly need your advice. Thank you.

This post has been edited by RyanAtwood: Jul 6 2017, 11:11 AM
Adell G
post Jul 6 2017, 04:43 PM

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QUOTE(RyanAtwood @ Jul 6 2017, 11:10 AM)
Hello, i would like some advice, i have been served the creditor's petition on bankruptcy and my court date will be on 23rd August 2017, but then there is another court date on 13 July 2017 which states Pengurusan Kes A, should i attend the 13 July court date? What should i do on 13 July 2017 in court? And i have some assets under my name, namely a motorcycle which costs less then 5k and a car with 3 years left of car loan still to pay, can i transfer them to another person before the bankruptcy court date? And what will happen to the car after i have been declared bankrupt, will it be taken away by the bank immediately? i still have other questions, but these questions will do for now. Kindly need your advice. Thank you.
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Wow creditors petition is the final stage of bankruptcy, it is advisable for you to come for the case management to at least to delay from Adjudication and Receiving order being taken against you. You really need to work it out with the Bank to make settlement or other arrangement as only the Bank can withdraw their Creditors petition.

Usually Bankruptcy case will be held in chambers not in open court, so you can discuss with the Registrar and the Bank's lawyer your term of settlement.

Insolvency have powers to revoke any transaction of your assets that you made, up to 6 month from the date of you being declared bankrupt.

Once you have been declared bankrupt, no body can take away your assets, only the insolvency have powers distribute your assets to the creditors.

Good luck
ipohmali70
post Jul 7 2017, 07:35 PM

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QUOTE(Abam_Beruang @ Mar 22 2017, 03:53 PM)
Hello! You guys can ask me anything about law related issues. I'll try my best to answer your questions.  laugh.gif

user posted image
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Hi. Can you point out to me the relevant Act and Regulations/Order pertaining to legal adoption of a minor. Non muslim.

Thank you.


viole
post Jul 8 2017, 12:53 AM

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QUOTE(Abam_Beruang @ Mar 22 2017, 03:53 PM)
Hello! You guys can ask me anything about law related issues. I'll try my best to answer your questions.  laugh.gif

Question in Bahasa Malaysia or English also no problemo!

Dont forget to bookmark this page tongue.gif
Any discussions available here on this thread are for informational purposes only and not for the purpose of providing legal advice. You should engage a lawyer to obtain advice with respect to any particular issue or problem.

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Hello Abam_Beruam

Sekira nya satu pasangan moslem bercerai,

i) apakah hak bekas isteri/suami terhadap harta sepencarian?

ii) sekira nya sang suami mendapat bukti kukuh kelakuan nusyuz/curang/tidak elok bekas isteri nya, adakah terdapat perubahan terhadap hak2 nafkah dan harta sepencarian si isteri terhadap bekas suami nya?


Yang Bener,

Viole
2387581
post Jul 8 2017, 12:58 PM

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QUOTE(Abam_Beruang @ Jun 14 2017, 04:15 PM)
It might take a few months to a year or so. depends on the complexity of the case.

I doubt that more employees filing a complaint will make the case go any faster. If it involves more parties, it will be generally slower.

If i remember correctly, generally 2k below. but between 2k-5k they still can take in complaints under DG's power.
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Does it mean that if you earn more than 5k (or 2k if that matters), and your employer decided not to pay you, then it's just too bad and you will never get your pay?
Mr.Weezy
post Jul 8 2017, 11:16 PM

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Lets say I run a company that promises lucrative returns but for that to happen I will have to collect money from investors first.

Is this consider illegal deposit takings ?

How to glorify this into legal procedure ?

And will I be charge for fraud if after collecting the capital, I fail to deliver the lucrative returns due to poor performing market?
RyanAtwood
post Jul 9 2017, 01:37 AM

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QUOTE(Adell G @ Jul 6 2017, 04:43 PM)
Wow creditors petition is the final stage of bankruptcy, it is advisable for you to come for the case management to at least to delay from Adjudication and Receiving order being taken against you. You really need to work it out with the Bank to make settlement or other arrangement as only the Bank can withdraw their Creditors petition.

Usually Bankruptcy case will be held in chambers not in open court, so you can discuss with the Registrar and the Bank's lawyer your term of settlement.

Insolvency have powers to revoke any transaction of your assets that you made, up to 6 month from the date of you being declared bankrupt.

Once you have been declared bankrupt, no body can take away your assets, only the insolvency have powers distribute your assets to the creditors.

Good luck
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How to delay from adjudication and receiving order? Do I need to fill up forms or what can I say in court to delay the creditor's petition? I'm afraid I'm not dealing with a bank's lawyer, this bankruptcy case stems from a party that is not related with a bank or any financial institutions..
airtawarian
post Jul 10 2017, 07:22 PM

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Basically wanted to refinance property but owner unable to sign due to unconscious state of mind for few years, what other methods to ensure the property can be refinanced?
eligible
post Jul 10 2017, 08:31 PM

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Hi ts,

Repayment agreement was it necessary to comes with collateral? I only know that collateral is to protect lender.

My friend here is in CBT case (refer to latest thread) however the case not brought up to police yet. She got limited time to reply it.
Blofeld
post Jul 11 2017, 08:19 AM

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QUOTE(Abam_Beruang @ Mar 22 2017, 03:53 PM)
Hello! You guys can ask me anything about law related issues. I'll try my best to answer your questions.  laugh.gif

Question in Bahasa Malaysia or English also no problemo!

Dont forget to bookmark this page tongue.gif
Any discussions available here on this thread are for informational purposes only and not for the purpose of providing legal advice. You should engage a lawyer to obtain advice with respect to any particular issue or problem.

user posted image
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Dear TS,

I ate rotten food served by a restaurant.

Suffered food poisoning. Went to clinic the other day, still not feeling well now. Will go clinic again soon.

What can I do? What can I do to make them pay for my clinic/hospital bills?

If I bring this case up to the consumer tribunal, will they make the restaurant pays?

I hope I can avoid any legal suit because I heard it's expensive.
nookie188
post Jul 11 2017, 09:40 AM

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Dear AB

What is the most cost effective way of transferring a property from one sibling to another?

Do we still need to hire a lawyer or can we just submit the relevant forms to the govt agencies to transfer the title ?

Thanks

This post has been edited by nookie188: Jul 11 2017, 09:41 AM
Adell G
post Jul 11 2017, 09:43 AM

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QUOTE(RyanAtwood @ Jul 9 2017, 01:37 AM)
How to delay from adjudication and receiving order? Do I need to fill up forms or what can I say in court to delay the creditor's petition? I'm afraid I'm not dealing with a bank's lawyer, this bankruptcy case stems from a party that is not related with a bank or any financial institutions..
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You need to have a good plan of repayment of your debt which you can propose in the presence of the Registrar and the creditors lawyer. If the plan is convincing enough to the creditors and/or you can pay some sum to the creditors show your seriousness, maybe can get delay but it is the discretion of the creditors. The most important thing is to CONTACT your creditors ASAP and propose a plan of settlement.

Even though the creditors lawyer is not from the bank/financial institution, they will still be required to come to case management as there are requirement that need to be fulfilled under Bankruptcy Act before the court will issue the Adjudication and receiving order.

Another option is that you can try to oppose the creditors petition if you have a valid grounds but you will need lawyers service for that.

Hope this can help.
RyanAtwood
post Jul 11 2017, 10:42 AM

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QUOTE(Adell G @ Jul 11 2017, 09:43 AM)
You need to have a good plan of repayment of your debt which you can propose in the presence of the Registrar and the creditors lawyer. If the plan is convincing enough to the creditors and/or you can pay some sum to the creditors show your seriousness, maybe can get delay but it is the discretion of the creditors. The most important thing is to CONTACT your creditors ASAP and propose a plan of settlement.

Even though the creditors lawyer is not from the bank/financial institution, they will still be required to come to case management as there are requirement that need to be fulfilled under Bankruptcy Act before the court will issue the Adjudication and receiving order.

Another option is that you can try to oppose the creditors petition if you have a valid grounds but you will need lawyers service for that.

Hope this can help.
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Ok, thank you very much for your explanation and suggestions. The truth is I have contacted the creditors before and they propose to pay 50k in two month's time which was from Mac 2017 to May 2017. If I have paid the said amount then they will retract the bankruptcy case but I failed to pay as it is impossible to get that amount of money in 2 months. Thus they proceed with the creditors petition. Anyways, thanks again for your reply.

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