How to make a lawyer pay...


Jarence76

New Member
Oct 30, 2010
127
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#1
for the losses he made in stocks market? Reason for asking is this lawyer has been playing punk and issuing cheques that bounces to my wife (a dealer). She is at a loss and her commissions are being withhold by the company due to non payment from this lawyer.

Any lawyer letters or costs involved in the pursue of this sum will be at my wife's own cost. The company is asking my wife to cover by toping up her guarentee. I'm not familiar with all these and I really wish to help my wife. Hope bros here can offer us some insight.

TIA.
 

ricohflex

Senior Member
Feb 24, 2005
3,353
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38
sing
#2
Can you complain to law society?

A lawyer who issues bounced cheques?

Sure or not?

If you put in Stomp and show photos of the bounced cheques and his name on it. That's the end. Reputation ruined.

Make sure you got the facts right. Or else you get sued for defamation.
 

Mar 19, 2011
453
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16
Lavender
#3
Bounced cheques due to not enough money inside the account? Thought that is illegal already?

Your wife company no legal department to act for her? Why need pursue herself if she working for the company?

Finally, complain to law society as suggested...
 

Jarence76

New Member
Oct 30, 2010
127
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#4
Yes he issued cheques but bounced due to insufficient funds. I don't think she has any legal department to help her. Her credit department has been pressing her for 'payment'.
 

Rashkae

Senior Member
Nov 28, 2005
19,105
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#5
Yes he issued cheques but bounced due to insufficient funds. I don't think she has any legal department to help her. Her credit department has been pressing her for 'payment'.
You need to get a lawyer to send a letter of demand to the "cheating" lawyer. If the lawyer still don't pay after receiving the letter of demand, depending on the owed amount, you lawyer will advise you accordingly on the possible remedies.

In Singapore law, Cheques are just a means of payment similar to cash. We do not have the strict laws the USA does for example. Your question is essentially "What are the possible remedies for default payment?"

The steps are:
1. Send a letter of demand
2. If still no payment after that, you need to decide whether you want to sue for payment. If yes, get your lawyer to serve writ of summon.
3. Subsequently you & your lawyer will follow the process.

It would be a civil action:
The Subordinate Courts of Singapore - Overview
 

qystan

New Member
Jul 8, 2010
481
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#6
Remember that everything has to be in writing, ie, in record.

Proof of postage is not proof of receipt. You need to use registered mail.

Then there's the witness that you've been chasing him and not been sitting on it until now.

There are lots of ways he can wrangle out if paying immediately as he can claim its the first time he's informed of the delay.

You got little choice except to get a lawyer who will know how to cover the bases.

There might be statuary lapse beyond which you can no longer claim, I'm not sure of this but don't delay taking action.

Don't forget he's now a bad debt, no longer a client. Your wife is running a business, businesses cannot carry bad debts indefinitely.
 

cichlid

Senior Member
Dec 2, 2006
5,072
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S'pore
#7
Is it illegal to issue cheques when one knows that there are no funds in the bank to honour it?
 

ed9119

Moderator
Staff member
Mar 11, 2002
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#8
Yes he issued cheques but bounced due to insufficient funds. I don't think she has any legal department to help her. Her credit department has been pressing her for 'payment'.
that is not true..... securities companies have legal and compliance department and her case is hardly the first in history ..... which firm is she working for ?

dont need lawyer letter ..... her company should first issue a demand note

and there is a Delinquent Register which is maintained at SGX to list down all people who have been delinquent with payments .... once on the list, you cannot have an account opened with ANY stockbroking firm in Singapore or regionally as credit checks will red-flag his name ..... even his applications for housing/car loan or credit card applications will have problem
 

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qystan

New Member
Jul 8, 2010
481
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#9
ed9119 said:
that is not true..... securities companies have legal and compliance department and her case is hardly the first in history ..... which firm is she working for ?

dont need lawyer letter ..... her company should first issue a demand note

and there is a Delinquent Register which is maintained at SGX to list down all people who have been delinquent with payments .... once on the list, you cannot have an account opened with ANY stockbroking firm in Singapore or regionally as credit checks will red-flag his name ..... even his applications for housing/car loan or credit card applications will have problem
The way stock broking firms work is that clients are the remisers and remain their problem.

Transactions are between the remiser and the firm. The remiser is responsible for all trades.

Client matters is between the remiser n the client. payments n late interest are borned by the remiser and it's up to them to recover.
 

Rashkae

Senior Member
Nov 28, 2005
19,105
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#10
Is it illegal to issue cheques when one knows that there are no funds in the bank to honour it?
You have to be able to prove that it was intentional, and of a large scale. And even then it may only be classified as "Cheating". Other than that it's a Civil matter.
 

henry soh

New Member
Aug 29, 2008
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#12
When more than one dud cheque is issued, it is intentional.
 

Mar 19, 2011
453
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16
Lavender
#13
Get somebody with legal knowledge to advise your wife ASAP. Being a lawyer himself, he sure know better than layman like us.
 

ed9119

Moderator
Staff member
Mar 11, 2002
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#14
The way stock broking firms work is that clients are the remisers and remain their problem.

Transactions are between the remiser and the firm. The remiser is responsible for all trades.

Client matters is between the remiser n the client. payments n late interest are borned by the remiser and it's up to them to recover.
which stockbroking firm is this ? thats pretty crappy support for its remisiers because most stockbroking firms have their external lawyers on retainer just to handle difficult collections like this . Of course the remisier must exhaust all personal means first before the legal dept comes in with demand note ... and if that does not work, their external lawyers come in.

If REALLY REALLY cannot collect from client, THEN yes the remisier will be ultimately responsible for the financial debt

Bad credit cases like this coupled with very low commissions its no wonder most remisiers are trading for their own accounts rather than actively looking for clients
 

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sjackal

Senior Member
Jul 9, 2008
4,490
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#16
Gently, politely and professionally informed him that you will be pursuing the matter and he should be expecting a Letter of Demand which you will also be:

CC copy to his firm.

CC copy to the Law Society of Singapore.

CC copy to the Minister of Law.
 

qystan

New Member
Jul 8, 2010
481
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#18
ed9119 said:
which stockbroking firm is this ? thats pretty crappy support for its remisiers because most stockbroking firms have their external lawyers on retainer just to handle difficult collections like this . Of course the remisier must exhaust all personal means first before the legal dept comes in with demand note ... and if that does not work, their external lawyers come in.

If REALLY REALLY cannot collect from client, THEN yes the remisier will be ultimately responsible for the financial debt

Bad credit cases like this coupled with very low commissions its no wonder most remisiers are trading for their own accounts rather than actively looking for clients
That's is pretty much the practice out there. What you mentioned is true for borking house clients, not remisier clients. For the house lawyers to help, it's at yr cost.

If the firm's help is there, TS wouldn't be asking questions here.
 

Big Kahuna

Senior Member
Dec 15, 2004
2,126
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38
Singapore, Singapore, Singapor
#19
I tot he will have bad credit once he bounce a few cheque.....very bad for his biznez....maybe send some odd job gangster go sit in his office until he pay up :)
 

donut88

Senior Member
Nov 14, 2008
2,182
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#20
ed9119 said:
or engage a collection agency ... the legal one......
Puncture his car tyres every week.,.,.
 

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