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Pre - test Legal Awareness Training

Total questions: 10

Worksheet time: 6mins

Name
Class
Date
1.

What is the garnishee proceeding?


i. Process initiate by Judgment Creditor against the Judgment Debtor

ii. Judicial process of execution or enforcement of monetary judgment

iii. Appeal Proceeding by the Judgment Debtor on the decision by the court

iv. Defence process by Garnishee against the show cause order

a)

i & iv

b)

i & ii

c)

i, iii & iv

d)

ii, iii & iv

2.

Who are the parties involved in the garnishee proceeding?


i. Regulator

ii. Judgment Debtor & Judgment Creditor

iii. Garnishee (Third Party)

iv. Appellant & Respondent

a)

i & iii

b)

ii & iii

c)

iii & iv

d)

All of the above

3.

Is it compulsory to attend the court to show cause on the hearing date?

a)

A. Compulsory

b)

B. Depend on cases

c)

C. Not compulsory

d)

D. Depend on instruction

4.

Who shall be the representative from the Bank?

a)

A. BM/ABM of nearest branch to the court

b)

B. BM/ABM from homebranch

c)

C. Officer from legal department

d)

D. Officer from MCRC

5.

What are the consequences of NOT adhering to the court order (fail to attend the court to show cause)?



i. Contempt of court
ii. Bank to pay the earmark amount
iii. The Judgment Creditor may execute the Absolute Order by winding up the Bank
iv.  The Regulator may file a summon against the Bank

a)

i & iv

b)

i, ii & iii

c)

i & ii

d)

i, ii, iii & iv

6.

Which of the matters listed below that the Bank’s representative need to inform the court on the hearing date?


i. Available balance in the account

ii. Requirement of minimum balance of RM 10.00 in the account

iii. Cost to transfer the money (IBG cost)

iv. Request cost to attend court

a)

i & iv

b)

i, ii & iii

c)

i & ii

d)

i, ii, iii & iv

7.

What need to bring to the court?

a)

A copy of Garnishee Order to Show Cause

b)

A copy of NRIC of our customer

c)

A copy of statement of account of customer as at date received order

d)

A copy of statement of account of the Bank’s representative

8.

In one selected case, the judgment amount stated in garnishee order to show cause is RM 150,000.00. Instruction has been issued by Legal Department and Operation Support Department to branch to earmark the judgment amount/available amount in the account. The available amount in the account is RM 20,000.

Please indentify which amount that the Bank’s representative need to tell the court on the hearing day:-

a)

RM 20,000.00

b)

RM 150,000.00

c)

RM 130,000.00

d)

RM 150,000 + RM 20,000.00

9.

After received the garnishee order to show cause and pending the absolute order, can we deduct the customer’s monthly financing repayment to the financing account?

a)

Yes, we may uplift the earmark, deduct the payment and put the earmark back

b)

Yes but after the absolute order is received

c)

Not at all

d)

No, we must wait for the hearing day first

10.

Upon receipt of Absolute Order and payment is made, can we uplift the earmark?

a)

We may do it immediately

b)

To uplift after receive an instruction from Legal Department

c)

The earmark must be maintain at all time

d)

Yes, but after 6 years