Need advice on summon

fallen_heart

New Member
Dear all, bank has sent me a writ of summon last night demanding for full payment of 12k in 8 days.

Currently I am on debt relief program in which i need to pay them a minimum sum every month. But due to some reasons, I was unable to pay for 2 months and they sent me this summon.

May I know what I am supposed to do with this or is it all right if I can neg with the bank to withdraw or something ?

Or shall I declare bankrupt?
I have no funds to pay them ....

Please help..... thanks...
 


No way to negotiate if you have no means of paying. Have you approach your family and close friends for personal loan? Is time to humble down your pride. The bankruptcy will inconvenient you work. Needing to apply permit to travel and impossible to get a credit card given your bad credit history.
Personal loans are more flexible but make a point and plan to systematically work of your debts and repay the kindness given to you by you're loved ones.
 
Thanks milo...

so u mean the bank is unable to withdraw this summon unless i clear the outstanding?

so what should i do now? wait for them to charge me ?

i tried to get a personal loan but in vain...haiz..
 
Fallen,

not really. You need some commitment to work out a repayment plan that you stick with. IF you don't stick to it, what are you negotiating with them with? Call the bank but chances are, once they have issued the summons, you are liable for all the admin charges with it. The only thing you can negotiate for is the reduction of the interest rate at a fixed installment plan.
 
Why are you thinking of death? Is your life so cheap? Why worry if the financial burden to your parents but not the emotional burden it will bring?

If you really cannot repay and bank is unwilling the negotiate, and you have used tried all other means, then opt for bankruptcy. It is not the end of the world.
 
i've checked the web for info on bankruptcy. Is it true that i will be discharged from bankruptcy after 3 years if i am owe-ing less than $500,000? If that the case, do I still need to pay the bank back for any outstanding amount after my discharge from bankruptcy?
 
Bankruptcy discharge is not automatic. Is upon approval. The Official assignee will look into the individual case. If the person is trying to cheat off the debt, for sure, they will not dischage the bankruptcy.

Normally, by 3 yrs, the OA would have at least help to settle for partial payment. With bankruptcy, u are basically protected from further interests. And the OA will protect your debtors interests by taking over your finances and clearing as much of the possible debt.
 
Fallen, 12k is not a huge sum to file for bankruptcy I feel. If you're charged with bankruptcy, the bank will assess your financial situation and discuss a sum of $ which you'll have to pay monthly based on your income and expenditure. They may also pay a visit to your place and remove anything of value.

And yes, don't be silly. Don't die because of 12k..my dad owed 200k and filed for bankruptcy. He's discharged from bankruptcy after like 3 years and he's still kicking alive. And no, after being discharged of bankruptcy, you'll not be liable to pay for the rest of your debts. It's written off already as bad since the day you're declared a bankrupt.
 
Fallen, as proposed in my initial reply. Have you approached your friends and family? I had to raise the legal fees within a week when my brother and me took over my dads share of the property to prevent the bank from repossessing it. The idea is to look for small personal loans from friends. A few k each. It can be done.

Also, check your insurance policies. See which of them has float that you can loan at a interest rate.
 
hi milo..i have tried borrowing but most of their replies were their funds are held up in investments. Even my insurance agent who is also my relative, whom just obtained the million dollars sales told me that agent is not supposed to lend money...haiz...i dun kw wat to say le...
 
Fallen, not borrow from the agent but against your own insurance policy. You can loan from your bonus amount pre-maturely. I'm surprised that your relative cum agent did not explain this option to you. But, that will come up to probably few thousand. Don't ask for 12k loan. Not many would loan you such amt. I loaned from several close friends, $500 to $2k to come up with the cash fast.
 
Fallen, see beyond this debt. You should review your career options and venture on how you could increase your earning power. How you are responding to a 12k debt is worrying. Unless this is only the tip of the iceberg. Underneath it, you have not mentioned other debts with much more significant figures?
 
one thing...dun be stupid to borrow from ah longs...u will create another whole pot of sh**

and dun be stupid enough to kill yourself. You achieve nothing from doing that.
 
Fallen,

S$12,000 is really nothing. even if you pay only S$500 per mth, you can finish paying up in 2 years. this is definitely a small problem which you can get through eventually.

if you incurred this debt over consumer spending, buying retail goods (clothes? designer shoes, bags, accessories? car?) pls learn from your mistake and do not overspend on unneccessary things ever again.
 
To die over a 12k debt is the most silly thing to do, pls dun do that.

after u have cleared all ur debts, learn to live within ur means and achieve financial prudence.
 
Hi Fallen, receiving a writ of summons or statutory demands is the first legal step taken from your creditors. From there, they can proceed to apply a writ of seizure on your movable property if you have any property under your name.

You can't ask them to withdraw, but you can set aside the summon in high court within 21 days. Of cos if you have the $$$ to pay in full, they will withdraw.

Bankruptcy is the final step they will take, and the bankruptcy petition will takes several mths to a year, if your total debt is more den 100k or you are not eligible for Debt Repayment Scheme by IPTO.

You still have some time to seek CCS help, or continue to stick to your DRP strictly. If not, no one can help you.
 
I answer this qn if you want to know, but please do not seek death as a solution.

If you have any property under your name, eg joint owner with your mum, your creditor can lodged a caveat under the property. Your mum can't sell and tfr the property, unless she paid up your debts. So dont think you die liao, you can run, but your debt still stays.

If banks dun lend you any unsecured loans, (most likely your credit ratings will be quite bad by now), try ezycash, NTUC thrift loan (must be NTUC member)... dun try those moneylenders that you find in newpaper, they are no better then loansharks.

This is not applicable to undischarged bankrupt, creditor won't pursue any further.

================================================
if i die are the debts still accountable or my parents need to pay for it ?
 
Dear all,I just stumbled upon this page when I was browesing through the internet. I am really in a very serious problem now.

I owe banks and credit cards total of abt 12k,to add to my problems, maybe I cant even complete my studies now, I've spent abt 5K already and i haf no money left to pay for course fees. I need to pay for utilities and expenses at home too.

It all started when I got my pay cut and out of job, and the banks started to call me everyday to ask for money, I was too afraid that they'll affect me when I look for jobs. So I borrowed money frm those moneylenders, because I got no money to pay banks and even my own expenses and working p/t to pay them. But after awhile, I found a permenant job and have to stop p/t. But I have yet to repay my debts to moneylenders, everytime I pay back to them, I need reloan again to cover my basic expenses. Even if i loan from them, its not enough to cover those loans i owed bank and cards.

Recently I found out theres a DRP program, I contacted 1 of the debt co and they help me to write to them, banks took so long to reply whether they approve plan or not. til date banks call me everyday, it disturb me in my job, i'm emotionally drain, upset, depressed, have to act nothing happen. they even call my house. they always use private no. sometimes, i picked up the call, but the line was cut off after i picked up the phone. then they call my house. I duno what to do now. Wanna find p/t, but scraed no one employ me becase of the little timing i have. no matter how i calculate, theres always not enough. I scared to lose my job tat I just started.
Can any1 advise me?.. Thanks..
 
daphne,

the problem will not go away until u admit u have a weakness, and u are a victim of taking quick-fix solutions (that come with longterm detriments), and not a victim of banks n moneylenders.

u are self-defeatist and dun even try. your idea of trying is to Get external help, not push yourself that extra mile...

the solutions are as simple as...

- finding a better-paying ft job - how hard have u tried?
- if lower-paying ft job, make sure Purely 9-5 without OT. Then ucan take up perm PT job.
- salesjob? there's commissions if u work and perform well.
- sacrifice sleep - Yes, u live like u're gonna die.
- high-paying jobs - Are u pretty and charming? if u are Then use it to your advantage. i'm not asking u to sleep around.
- are there sponsorships or scholarships u can apply for? or progams u can enrol in? (this is to deal with your school fees)

BUT MOST IMPTLY, HOW THE HELL DID U RACK UP YOUR DEBTS? U BETTER ADDRESSS THAT FIRST AND FOREMOST.

u dun plug that, nothing is gonna happen, i'm afraid.
 
At the Top Header, there is a heading called "profile". Click on it.

Click on "preferences"

Uncheck the box "Do not send me "Private Message" e-mails from other board users "
 
now isn't the time to PM, and share stories of 12k debts... if u wanna get out of debt, all u do, everything u do, Is abt earning that extra dollar to pay that extra dollar.

when i went into a sizeable debt over a failed biz where my shareholders left me to burden the whole fall... i went back to basics of earning watever i could, having 1 meal a day capped at Max $2 a day, etc. i restarted life with a mthly salary below 2k and worked my way back up again. it isn't alot at hindsight, but that 70-80k debt took me 4.5yrs to clear. my daily diet is either 1 big pau, lor mai kai or fan choy. just 1.

i can tell u that most average pple will lament and decide they Can't clear the debt and just giveup, thus allowing themselves to spiral down. this is where debts tend to get out of hand, and this is also what makes the difference between success and failure in life.

u are seeking help on a debt, but u must remember that advice does not help debt... it only helps u to manage it, or manage the repayment process. advice does not help u Increase your financial earnings unless u personally have an urgency to adopt and change your life.

u should just find work at all means, your lunchtime, dinnertime, nitetime - these are times where an extra hand is needed at F&B Outlets.... have u explored? u can look at these establishments near your workplace or home and ask if they can do with the extra help.

when i was 14 in sec 2, i worked 4days a week as the closing shift with burger king for less than $1.85/hr. nowadays the money is much more.... when i was 17 i was a coffeeboy making coffee and sandwiches at the defunct Victor's Superbowl... i have made coffee, burgers, washed toilets, cleaned up faeces/vomit, waitered, cooked, sold mandarin oranges during CNY, helped out at food stores and there's been many menial jobs i have taken in my life being born Not Rich n without good academics, and later when i went into debt when biz failed.

How prepared are u to clear your debts? cos if u're just looking for stories, it Will Not solve your problems i guarantee u that. as with the Nike creed - Just Do It.

no job is below us, and we are never too good for Any job if we Need money. it is with the same dogged determination for me to get out of the poverty cycle that helped me to make my 1st million. So seriously, how big a problem is your 12k debt? if u put in effort, 2yrs should solve it with 'little effort' if u make an extra $600-700/mth

Yes, i have parent to support too. my mum was selling 4d for a meagre $600/mth. Now Stop finding excuses Not To, and telling yourself How Big the debt is... and how it is not your fault... and Just Do It... really, just start grabbing watever u can First.

this is the best piece of advice u're ever gonna get, other than those to work out a repayment plan, which even at 14 i can do the math.

dun give up. cheers.
 
daphne,

think u should just tell the banks to call u during lunchtime, or afterwork. U have an obligation to give a reply. normally when i get calls from telemarketers or banks, and i would like to know more, i'll just tell them i'm busy now and appreciate if they can call me back between X-Y time. they normally oblige.

u need to learn how to seize your debts and problems by the horns, and Take Charge of them... Not find ways to avoid and procrastinate. this is how pple get into more and more problems, and this will be why banks Can't trust u.

find a way to manage your minimum payments and keep everyone off your back while u get back on your feet. better if u can consolidate all under 1-2 accounts Only. the legal moneylenders and wayy more ridiculous than the banks. realise that.

i hope to motivate and encourage u, and not babysit and spoonfeed u to get out of this. i hope u understand... it's just how i do things.
 
i'm sure somewhere in your heart, u also miss the coffee and sandwiches i made... well if u were a regular there as a 15yr-old...

for me i also miss those days... i miss the korean bbq buffet, the arcades, the snookeriums, remote control cars, kites and Canto!
 
I only frequent there during my uni days bro. met my wife 1st at the americal pool place just beside Victors. We went there for the photoshoot for the wedding album back then but was disappointed that it had closed down. Ended up doing the shots from American pool at Kim Seng bowl. Now, even that one has closed down. For the cafe at Victors, I liked the nasi goreng. Used to order that during league games in the evenings.
 
ahhh Kim Seng... hehe... i had the pleasure of bowling there prior to the closure... some company event thingie...

actually there's really alot of good memories for our generation... only thing is we can't enjoy the developments as Teens, but at least we witnessed them.
 
daphne.. u should go to CCS for help.. they can help u plan something out and if you are really sincere in paying back the debt.. CCS can help u negotiate with the banks by means of DMP - Debt Management Plan which is always better than the DRP/DRS - Debt Relieve Plan / Debt Relieve Scheme they offered.. the interest rate for DMP can go as low as 0%.. and there will be no more late payment charges..

reply to Fallen (fallen_heart): what you have to do now is to go to either CCS or you have to negotiate with the bank.. a Writ of Summons will NOT lead you to bankruptcy.. if they want to bankrupt, they would have gotten the bank to issue a SD aka Statutory Demand.. Bank issuing you a Writ of Summons will enter Judgment in default of Appearance within 8 days if they do not hear a response from you.. and that a Writ of Summons have a time frame of 1 year to be in effect.. that is the bank after issuing you the writ will have 1 year to decide whether they want to enter Judgment against you.. and upon entering Judgment, it would means the Court granted and acknowledge the bank to whatever amount you owe to them including a certain interest rate and that the legal cost is to be bound by you.. and also that once judgment is enter then the bank will be liable for WSS aka Writ of Seizure and Sale or GO aka Garnishee Order.. so you are still at the initial stage of legal actions and the legal cost will probably cost you like less than 1k if you were to pay the bank back? so go seek help at CCS or negotiate with the bank before its too late.. and if you want to know more with regards to the legal actions to be taken and what are the things the banks can do, you can PM me.. =)
 
hi pinkydollie.
sent you a pm.
need advice.

i got 80k worth of debt and recently got writ of summons.

can i just declare myself bankrupt to avoid Writ of Seizure?
i'm staying at parents' home. so not much assets.

what do I need to do to declare bankrupt?
 
Dear all, bank has sent me a writ of summon last night demanding for full payment of 12k in 8 days.

Currently I am on debt relief program in which i need to pay them a minimum sum every month. But due to some reasons, I was unable to pay for 2 months and they sent me this summon.

May I know what I am supposed to do with this or is it all right if I can neg with the bank to withdraw or something ?

Or shall I declare bankrupt?
I have no funds to pay them ....

Please help..... thanks...
Hi... I was made bankrupt in 2008. And I was discharge in 2015. I own banks around $60K. Well, a bank can sue u bankrupt if u own $1K and above. I try a few times write to ask OA, when can I be discharge? The reply is, I yet to settle 80% of my debt. thus can't discharge. Life being a bankrupt is no fun. There is a lots of restrictions. phones bills cannot under your name, cannot own car under your name, cannot this, cannot that...
 
Last night I received writ of summon from a bank. It was filed last Sep 29.
Yesterday, I also talked to one of the officer in that bank regarding my problem. She told me that I need to pay the remaining $300 and after that they will decide when and how much should I pay again. She never mentioned to me that they already file a case to me. I called today and informed her about the writ of summon I received and she told me that they will hold it. No need for me to answer that summon. Is it okay to follow her instruction or do I have to answer that writ of summon issued to me? Also, I want to ask one more query. I lost a job since last Jun 30 and finally get one and I will start this Oct 12. In the application I put that I have not convicted to any court, does it affect my new job? Are the going not to hired me if they will know about this? Please advise
 
U shouldn't knowingly declare 'no' when in fact the answer is yes. Some companies have monitoring systems that track whether you have been convicted in court or issued a writ of summons. You can get terminated if found out.
 
hi pandora8

actually when i apply to the company i don't have that writ of summon. it just issue to me almost end of sep. so i tick NO under if you have convicted on court coz i don't have that. now i'm already starting working with the company. i signed a letter that they can do background check with me. what should i do?
 
Hi all, I would like to seek for some advice, if possible.

My dad owes a 100k debt to several banks and due to the nature of his work, his income isn't stable. He used to be able to pay the monthly minimum sum until recent months as his income decreased by 2k.

He's been 2 months behind payment (though he did attempt to pay whatever he can to all banks) but he has been receiving warning letters & even a lawyer letter from one of the banks.

He is actually looking to filing a bankruptcy application but we're still trying to raise the 1.8k required. But I'm worried that in the meantime the banks might take further legal actions such as seizure of assets while the bankruptcy application is underway. Anybody able to advise whether the banks will take such actions soon? And upon the assigning of OA, will the assets under my mother's name be affected?

P.S Just in case anyone is wondering how did my Dad raked up so much debt, my mum was diagnosed with an illness in 2006 and it took many years to keep the condition stable. And in between those years, she suffered a mild stroke & is still on medication till this very day. My Dad took out credit loans hoping to ease our financial burden but the medical fees kept piling up and so did the debts. Really hoping for some advice as I'm really worried for my parents.

Thank you in advance.
 
working in financial institution as computer operator
Hi ganda, financial institutions are more strict about such things. If is a big FI, probably they have a monitoring system also.

Anyway you spoke to the bank officer right and they ask you to pay 300 and they will hold the writ of Summons and you don't have to answer to it. Quickly pay the bank 300 first and maintain close communication with them. Then u decide what to do. One thing at a time
 
Hi all, I would like to seek for some advice, if possible.

My dad owes a 100k debt to several banks and due to the nature of his work, his income isn't stable. He used to be able to pay the monthly minimum sum until recent months as his income decreased by 2k.

He's been 2 months behind payment (though he did attempt to pay whatever he can to all banks) but he has been receiving warning letters & even a lawyer letter from one of the banks.

He is actually looking to filing a bankruptcy application but we're still trying to raise the 1.8k required. But I'm worried that in the meantime the banks might take further legal actions such as seizure of assets while the bankruptcy application is underway. Anybody able to advise whether the banks will take such actions soon? And upon the assigning of OA, will the assets under my mother's name be affected?

P.S Just in case anyone is wondering how did my Dad raked up so much debt, my mum was diagnosed with an illness in 2006 and it took many years to keep the condition stable. And in between those years, she suffered a mild stroke & is still on medication till this very day. My Dad took out credit loans hoping to ease our financial burden but the medical fees kept piling up and so did the debts. Really hoping for some advice as I'm really worried for my parents.

Thank you in advance.
Hi Lynn call the bank and dicuss with them. Whther can pay by instalments etc. Don't do guesswork.
 
Hi ganda, financial institutions are more strict about such things. If is a big FI, probably they have a monitoring system also.

Anyway you spoke to the bank officer right and they ask you to pay 300 and they will hold the writ of Summons and you don't have to answer to it. Quickly pay the bank 300 first and maintain close communication with them. Then u decide what to do. One thing at a time

Hi Pandora8,

I already make payment with the bank. i will call again the officer to ask her about the next payment. i'm in 2 mos delay of payment to them and they want me to pay $750 per month which i cannot give. they keep insisting to borrow from relatives. borrowing to relatives will add more debts which i don't want to happen.
 
I see.. understand your plight. Sometimes cant be help but borrow from relatives. At least is own people. Any on better terms with u? Or your friend?
 
Hi Lynn call the bank and dicuss with them. Whther can pay by instalments etc. Don't do guesswork.
Hello, Pandora8.

We've actually tried heading over to CCS to work out something but the counsellor told us there is no way we can repay the bank based on what we have in a few years. It takes 9 years & he refused to help us to even try to negotiate with the banks. I've called up the banks on behalf of my Dad but all they did was to tell us to pay up the amount we owe first.

I'm just hoping we could raise the 1.8k to apply for bankruptcy before the banks obtain a writ of seizure. Thank you for your advice! :)
 
Hi Lynn, you may want to try the Debt Restructuring Scheme route which is less drastic than filing for bankruptcy. However there are certain criteria to meet. You may wish to check the IPTO website to get more info. All the best to you and sorry to hear about your situation.
 
Hi Lynn, you may want to try the Debt Restructuring Scheme route which is less drastic than filing for bankruptcy. However there are certain criteria to meet. You may wish to check the IPTO website to get more info. All the best to you and sorry to hear about your situation.
Hello, Bunny26.

My dad does not qualify for that because his debts are slightly over 100k. To be honest, bankruptcy is our last resort too, but after exploring all possible ways to repay the debt, bankruptcy is the only road we can take. Thank you for your wishes. My family is trying to be as optimistic as we can, we believe we will be able to overcome this obstacle (:
 


Im so sorry to hear that Lynn. must be hard on everyone in the family. take good care of yourself
Hello, Wluyan.

I have to admit it's taking a toll on us. It's not exactly what I wish for my parents to go through at their age. But no point moping, I'll just have to accept reality & hopefully, after my university I'll be able to earn an income & help my dad with the repayment so he'll be discharged asap. Thank you for your concern & well wishes (:
 

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