Legal Step to Debt Recovery

“Learn the pragmatic approach to be successful in collecting difficult debt”
by aGEE Lee

Date & Venue
9th - 10th Dec 2009,The Legend Hotel,Kuala Lumpur

Dear friend,

Nobody likes to take the drastic legal actions to recover his book debts. It is only a last resort to use, when your creditors persist to ignore your demand for payment. What's choice do you have then? Sometimes, the legal recovery procedure that you agreed may not get you paid at all. More moneys will then be spent, as it can be costly and time consuming too. Often, you leave the recovery efforts to your lawyers or collecting agents, and then you forget about the whole matter. But this does not bode well to your business, and after sometimes your cash flow will gradually be drained.

Nobody loves collecting the debts, which I do not understand. Collecting your book debts is an art, and is a necessary management tool too. To be successful in your effort to collect a difficult debt, you must know the law and litigations' issues on recovering the debts. You must always check on your lawyers for the progress of your suits. You must not miss an opportunity to quickly win your case. Winning a case often does not get you paid. Then, why waste the money and times?

What is this workshop all about?

This workshop is designed to show you that, sometimes, it is time and cost wasteful in trying to recover a debt from a bad customer, and, sometimes, it is better to negotiate for an agreed but lower payment of debt than to learn that judgment order obtained after three long years will still not get you paid at all.

What you will learn during these 2 day intensive workshop?

Day 1: Understand the common law, rules of equity and statutes to follow in bringing your woes to a law court that will quickly help you to recover your long outstanding debts. Times and moneys will be wasted, if you do not track your suits

Lesson 1: Recover debt through court

  • PERANGSANG DAGANG SDN BHD V. TANJUNG TERAS SDN BHD & ORS

Lesson 2: Malaysian Legal System

  • Structure of Judicial System
  • Small Claims Tribunals
  • Subordinate Courts
  • High Courts
  • Court of Appeal
  • Federal Court
  • RENOFAC BUILDER (M) SDN BHD V. CHASE PERDANA BHD
  • MCL CORP BHD V. MULTI-PURPOSE BANK BHD

Lesson 3: Procedure for Claims

  • Commencement of proceedings
  • Notice of intention to defend
  • Summary judgment
  • Pleadings

Lesson 4: Discovery of documents

  • Automatic mutual discovery
  • Inspection of documents
  • Business books and bankers books
  • Exchange of witness statement
  • HONG LEONG FINANCE BERHAD V. SINMAHTAT CONSTRUCTION SDN BHD & ORS
Lesson 5: Remedies

  • Interlocutory injunctions
  • Mareva injunctions
  • Anton Pillar Order
  • POLY ELECTRONIC & ELECTRICAL (M) SDN BHD V. DAEWOO CORPORATION

Lesson 6: Costs

  • Security for costs
  • CRYSTAL REALTY SDN BHD V. HONG LEONG BANK BERHAD

Day 2: Court proceeding is tedious, and therefore the choices of a legal action depend on your goals. Sometimes your lawyers, unaware of your intention, may not take the most apt and appropriate mode of legal recovery. You have to decide

Lesson 7: Civil action in a lower Court and a High Court

  • Serving notices
  • Apply for substituted services
  • Counterclaim or dispute liability
  • Hearing of summons
  • A judgment order
  • Fail to comply to a judgment order
  • MAYBAN FINANCE BHD V. UMAS SDN BHD & ANOR
  • MBB V. SHARIKAT AWANG DAMIT MAHMUD ADM

Lesson 8: Winding up of a company

  • S218 Company Act
  • Costs
  • ABRIC PROJECT MANAGEMENT SDN BHD V. PALMSHINE PLAZA SDN BHD & ANOR
  • GOLDEN PEARL ISLAND HOTEL SDN BHD & ORS V MOK YUEN LOK & ORS

Lesson 9: Bankruptcy of an individual

  • Bankruptcy notice
  • Service of bankruptcy notice
  • File creditors petition
  • Service of creditors petition
  • Adjudicating and receiving order
  • Creditors meeting
  • RE YUSNITA HUSSAIN, EX P MBF - FINANCE BHD

Lesson 10: Modes of execution of judgment

  • Writs of seizure and sale
  • Prohibitory order
  • Charging order
  • Examination of judgment debtor
  • Judgment debtor summon
  • Garnishee order
  • OVERSEAS INVESTMENT PTE. LTD. V. ANTHONY WILLIAM O' BRIEN & ANOR.
  • ASIA COMMERCIAL FINANCE LTD. V. UDAI NARAYAN PANDEY
  • WAN MOHD SOFIAN WAN MD SAAD v. MBF FINANCE BHD
  • TOP-A PLASTIC SDN BHD & ORS V. BUMIPUTRA COMMERCE BANK BHD

Lesson 11: Appointment of Liquidator

  • Court decides
  • Registrar's power
  • Receiver appointed
  • Application made against judgment debtor
  • MATSUSHITA GREATWALL CORPORATION PTE LTD. V. KKBI MANUFACTURING SDN. BHD. & ANOTHER CASE

Why this workshop?

You will learn the 6 essentials skills to enable you to make the correct decision in expediting your recovery process and save unnecessary legal expenses

You will learn how to:

  • Implement the effective way of collecting the book debts
  • Negotiate with your creditors so as to save money and times
  • Decide on the appropriate legal action on some stubborn customers
  • Choose the right and appropriate course on legal actions for quick recovery
  • Demonstrate your rights to work closely with your lawyers to carry out the lawful steps in recovery
  • Improve the cash flow of the business with quick recovery

What others have to say after they have attended aGEE workshop

“Informative and good personal experience from the speaker”
Wilson Wong, Schenker Logistics (M) Sdn Bhd

“Job well done”
Chong Kim Cheng, WRP Specialty Products (M) Sdn Bhd

“Relevance to the working environment and filled with examples”
Choo HC, Teck Ping Chan (1976) Sdn Bhd

“Overall session has gone with good presentation in improving planning & leveraging cash flow”
Mohd Asrizan, Neural Oilfield Service Sdn Bhd

“I like best about the discussion on real life cases during the session”
Munirah Othman, Selia Selenggara Selatan Sdn Bhd

Course Leader

aGEE Lee has more than 22 years of experience in the commercial banking in Malaysia and has worked in Malayan Banking Berhad and seconded to Kwong Yik Bank Berhad in 1980 to set up a Legal Documentation Department.

He started as a trainee officer moving up to Branch Manager, Loan Manager managing Corporate and Commercial Loans and finally as Head of Loan Recovery Division bringing down NPLs to RM65m from RM800m.

He also worked in a property development company, then constructing a condominium and Nilai 3, for 2 years, and involved in a manufacturing company before working for 2 years in a construction company, executing federal contracts on roads, schools and colleges, in Kota Kinabalu, Sabah.

Besides marketing and approving the commercial loans, he was instrumental in setting up the Loan Recovery Section supervising about RM1.9b NPLs and was involved in structuring loans and lecturing modules on debt collecting and legal documentation on securities for 13 years.

His last appointment was with Hong Leong Bank Berhad in 2003/4 as Head of Remedial Management Department.

Agee Lee holds Honours Degree in Economics (major in Business Administration) from Universiti Malaya, Associate of Institute of Bankers (London), Diploma in Marketing Management (NPC) and Certificate in Financial Planning (MII).

He is now a Training Consultant for IBBM, MIA and Banks in Malaysia and Vietnam. Currently he has been giving talks on practical topics that will boost skills and confidence of participants.

Who Should Attend

Finance / Credit / Account Managers, Executives, Finance Controllers, Accountants & Company Secretaries, CEOs, MDs, Company Directors & Business Owners, Business & Finance Consultants

Workshop Size

Registration is strictly to the first 25 people. This cannot be altered. If the past is any indication of the future, spaces fill up very quickly. If you are interested in attending, call us now or download the registration form here and fax it back to us at ++6 03 40235716.

HRDF Claimable

This workshop is claimable under the HRDF SBL Scheme. Checks with your department to make sure you are eligible.

Tax Deductibility

In all likelihood this seminar is tax deductible. Check with your accountant to be sure.

Workshop Investment $$

RM 1190.00 per delegates. This includes all workshop materials. Lunch will be provided.

Early Bird Offer!!

If you register yourself EARLY, you will enjoy a discount of 5%. For more information, please refer to the registration form here.

Group Discount!!!

If you register in group of 3 persons or more, you will enjoy additional 5% discount, and if your group are 5 persons or more, you will get a much greater discount of 7%, and 10% discount shall be entitled for group of 8 persons or more. So get your friend or colleagues to register with you!

100% Satisfaction Guaranteed

We understand that some of you don't know us. That is why we make this workshop a 100% satisfaction guaranteed. If for any reason whatsoever you don't feel like you have received more than your money worth by lunch break, simply hand in your materials for a complete 100% refund. No weasel clauses, no hassles, no questions asked. We won't lie, as rarely we have to make refund to our participants; however it is our integrity which makes our business successful.

If you like what you have gone through so far, you may register yourself by downloading the full brochure here, and fax the registration form back to us at ++6 03 40235716. And if you happen to have some friends or colleagues who are looking for ways to further improve their book debt, please forward this link to them.

Yours Sincerely,
BIZFinanceSeminar.com
Tel: ++6 03 40216000
Fax: ++6 03 40235716
Email: bfs@bizfinanceseminar.com

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