Saturday, August 17, 2013

Lotuschef on the Authentic Court Orders

Appeal for Urgent Aid
In dec 2005, my father left for a business trip and never returned back home.

Upon his return, he asked both of my elder siblings to meet him at a Cafe in town.
He told them during the meeting that he would not return to our home and that he has started divorce proceedings against my mother. He also said that he will retain the company XX  Pte Ltd wholly and give over the apartment to my mother and us.

Through the years of the divorce proceedings, even as of late he has been able to continue maintaining the most expensive lawyers in town but cannot even afford to pay for living support and MCST for the past 3 years. Recently he has also not paid for the house utilities and school fees for me and my brother Mn. All of these are ordered by the court to be paid by him and he has blatantly chosen not to do so citing insufficient funds in his CPF account.



[Subject: Re: Outstanding Fees
Date: Tue, 23 Jul 2013 10:19:34 +0800

Hi Mk,
 
It is the same situation as your Gor since my CPF balance has no sufficient fund to pay for your tuition fee. As I am no longer in employment, there will not be any fresh contribution to my CPF account.  The only way to settle this deficit is to have the apartment be sold as early as possible so that the sale proceed can be returned back to my CPF account. I am sure your mum knows well about this requirement as governed by the CPF rules. Meanwhile, please ask your mum to cooperate with Mr Chong, the appointed property agent so that alternate housing can be arrange and to have the unit sold immediately as per court order. 
You should ask your mum to arrange payment to Polytechnic asap to settle the arrear to avoid affecting your study. You may also seek out Polytechnic’s Student Assistance Program if your mum still refuse to cooperate.
 
Dad
 


Sent: Monday, July 22, 2013 10:58 PM

 
Dear Dad,
Received a letter notifying me of my outstanding polytechnic fees.
Please refer to the other email i have sent to you.)



Now he has recently sent a email to me informing he that he has applied to the court for the Writ of Possession from my mother. My family currently does not have any household income and we have no means to pay for alternative housing. My brother and sister are also currently abroad and will only return earliest in October. 

He blames my mother and my elder brother for not cooperating with the sale of the house as we do not contact the appointed property agent. 
However, he has taken a court summon to have full charge of the sale of the apartment more than 2 years ago and till today he and his agent has not even been able to even progress with the sale of the apartment and it is no closer to getting sold than it was when he took the summon 2 years ago. 

From my understanding, if he has taken a court summon to be given full charge of the sale of the apartment and the court has approved of it then why do we have to take part in the sales proceedings?


He recently took a court summon blaming us for his inability to sell the apartment and is now wanting to forcefully evict us from the apartment and into the streets. How is the court able to approve a summon contradicting the previous summon?


My understanding of family court is that it will protect first and foremost the children from the negative impacts of divorce. 
Over the years, my mother has taken many enforcement actions against his failures to comply with court orders of paying living support and other expenses and each one has dragged for more than 3 months before the case is heard and the results are that he is able to continue to defy court orders and no action has been taken against him.



From the emails attached, he has been threatening us about the issue of the apartment sale. With no funds nor options of sale from him, how are we able to secure loans in order to find new housing.

I am currently still schooling at Polytechnic and have yet to serve my national service after graduation next year. 

If the court approves his writ of possession then I pray to you Mr Prime Minister to help us and not be made homeless by an irresponsible father.

Thank you and please help us urgently.

Yours faithfully,



The following are attached emails between myself and my father.

Subject: Re: Delivery of Vacant Possession of AA
Date: Tue, 13 Aug 2013 12:08:52 +0800
Children，
 
I have signed off the affidavit to apply to the court for the Writ of Possession since your mother did not accede to my good gesture to annouce her agreement and undertaking before 2359hours on the 9th Aug to cooperate with the appointed property agent on the disposal of the house following the court orders. 


Do advise your mother to hand over the keys without demand when the Sheriff / Bailiff call on the house. In the event she resists, she will be charge for contempt of court and go to jail.
 
I also want to inform all of you that I shall have to incur unneccessary legal cost in the process and therefore I shall want to recover such cost from the sale proceed of the house.
 
Dad
 

Sent: Thursday, August 08, 2013 4:45 PM

Subject: Re: Delivery of Vacant Possession of AA
 
Mk,
 
I want to let you all know that I am in fact the one that is homeless since I was locked out in year 2005 and given that your mother never follow the Orders of Court to cooperate with my appointed agent to have the house sold. She has violated the Court Order and the Court will have no other choice but to issue eviction order to have her remove from AA.  

I wrote to inform you all several times that my appointed property agent Mr Chong has been ever ready to render assistance to look for alternate housing for your mother and therefore there is no issue of being “homeless” for her while the AA unit is being sold. However, Mr Chong has informed the Court that your mother has refused to cooperate or she did not even responded to his various calls.

 
The reason for the Court to order the AA house be sold is to have the sale proceed divided equally after deduction of cost to your mother and to me. The decision of the Court is to allow your mother and I both have a fair share to acquire each a new house to continue our life. However, your mother has chosen not to cooperate with the agent and refuse to allow access to the unit for viewing by potential buyers.
 
To avoid the ugly scene of being “kick out” of the house without alternative housing, your mother must act to cooperate with the appointed agent by means of her undertaking / agreement before the expiry time i.e. 2359hours, 9th Aug 2013. 

As mentioned, time is running out and should your mother still choose to be combative and want to act as her own god then I have no choice but to send in the application to have her evicted.
 
Dad 
 

Sent: Thursday, August 08, 2013 3:44 PM

Subject: RE: Delivery of Vacant Possession of AA

So as of now from what i understand from the email is that you are applying to evict my mother from the house. But currently what is unclear is the fate of my siblings and I. 
Are we also going to have to be evicted? 
Are me and my siblings going to be homeless? 
Is that your aim? 
To make your youngest son at the age of 20 homeless? 
If this is not the case then what are you trying to do? 
Because currently the only thing i see now is you kicking out my mother who has custody over us and so we will have to follow her out of the house.
 

Subject: Re: Delivery of Vacant Possession of AA
Date: Thu, 8 Aug 2013 08:41:32 +0800
Hi Children，
 
As of this morning, I still did not receive any possitive reply from your mother about her total agreement and undertaking to comply with the Orders of Court. When the given time of offer lapses, I shall execute the application for Writ of Possession according to legal procedure next Monday.
 
Dad
 


Sent: Friday, August 02, 2013 6:04 PM

Subject: Fw: Delivery of Vacant Possession of AA

Hi Ms, Mn  and Mk,
 
I would like to inform you all the legal procedure that I shall have to follow and undertake to comply with the Orders of Court so to have a final closure to the divorce proceeding.
 
Please refer to the appended email as advised by the Family Lawyer.
 
Please discuss with your mum to have her understand the legal repercussion if she deliberately ignore the Orders of Court and still choose not to cooperate with the appointed agent to have the house sold.
 
I shall give her 7 days from today to give her agreement / undertaking to comply with the Orders after which I shall have no choice to submit application to have her evicted by force.
 
Dad 
 
 

Dear Dn,

Reference to the email correspondence between Ms F and yourself. I will be assisting you in your application to obtain vacant possession of the Mimosa Park apartment.

Having reviewed the matter, we are of the view (that since a valid court order already exists stating that the Respondent is to vacate and deliver vacant possession of the property), the proper procedure moving forward would be to apply for a Writ of Possession in the subordinate courts.

This Writ of possession basically serves as a notice to the Sheriff/Bailiff that there is an existing order of court under which vacant possession of the property is to be given (but has not been done) and to ask the Sheriff to assist.

As she also owes you costs of the previous summons (and costs of execution of the writ), you may also file a separate Writ of seizure and sale along with your writ of possession.

You would however first need to obtain leave of court to file your writ of possession. This is done by way of an exparte summons and a supporting affidavit. We will prepare the same for you.

The process and procedure is summarised briefly as follows:

1.       File your exparte application for leave to file your writ of possession. Along with your supporting affidavit. This can only be done after 8 Aug 2013. Last date for her to give back the apartment.

2.       File your Writ of Possession. The only documents that need to be enclosed are the Order of Court dated 18 June 2013 and the standard undertaking by you to indemnify the Sheriff/ Bailiff for all claims damages, costs and expenses incurred in respect of and arising from the execution (to get vacant possession.

3.       The Writ must be filed in the Subordinate courts and the registrar will assign a serial number to the writ and shall sign, seal and date the writ. When this is done, the writ is deemed to be issued.

4.       The Baliff/sheriff will arrange a time for the execution of possession of the property. 
Please do your best to attend. If the date is unsuitable, we will have to write in to request another date. If you are filing your Writ of Seizure and Sale too (which we advise in order to recover your costs), you may attend with the Sheriff to identify the Respondent’s personal belongings in the property to be sold so as to pay for your costs.



Another alternative is to file an application for committal against the Respondent for failure to comply with the court orders (contempt of court). Similar effect and once again leave of court must be granted before you apply for committal. We are also arranging to serve another copy of the Order of Court personally on her with penal notice attached before the 8th of August 2013. This is a condition if you want to apply for committal against her.

The difference between the two approaches is that for committal, both parties would need to attend in court for a trial and the stigma/shame on her may be greater. On the other hand, the writs are faster in the sense that you do not need to attend court and can procure the assistance of the sheriff to obtain vacant possession of the flat.

Kindly let me know if you have any queries. Would advise going with the writs. Kindly let us have your instructions that I may draft the same accordingly.



Dear all, 
see how people use the Law to threaten?

Even getting the hired lawyers to churn some legal stuff to intimidate too?

In all these, No Properly Signed and Stamp "Court Orders" is received. 

Note that Mr DN writes to the Kids and try to frighten them and gives them HIS INTERPRETATION OF HIS WHAT IS HAPPENING AND HIS PERCEIVED RESULTANT SUCCESS IN COURT!

Note also the words used like defy court orders, go to jail, force & evict, .....

Since the Mom is the one that they want to get at, why go through the kids?

Yes! DN maintained the most expensive lawyers in town since end 2005! 
Instead of paying for these expensive lawyers, isn't it more prudent to ensure he himself abide court orders to pay the living support and etc. Ordered by the Family Court?


I was told also that Family Court will protect the innocence and also the children caught in divorce proceedings too.

However, if DN's words are all true, then the Court didn't take into consideration the welfare of the children in this case, agree?

Also, Mr DN added the words that his appointed housing agent will arrange alternate housing after my letter to the PMO, in which I appealed for help.

The latest document I received were photocopies of what DN's lawyers tried to past off as Court orders a 3rd time! 

O! DN left some imitation goods inside AA and dare not return, fearing being apprehended by the Law. His claims of being homeless is all fake too! 
About 4 weeks after he left, he emailed the kids the conversations between his lawyers and himself, threatening to sue me for alleging he deals with imitation branded goods.
His lawyers advised him to take the fakes and have them authenticated, then sue me for defamation! 

I made a police report and my kid advised me to get new padlocks for the front gate, so that DN can't come and seize evidence of his dealing with imitation goods. Well, DN came one day with locksmiths and some men to try and force entry into AA to seize the imitation goods! I was told 2 of his team, were taking video of the proceeding. They were pretty threatening and DN shouted for the kids to show face. The kids were crying and huddled behind their mom while DN continue to threaten them outside the gate of AA.

Hahaha! he keeps singing the same tune in court that he was locked out and made homeless! 

Question: from the lawyers email and DN's words in his emails, the lawyers should beware they are being "sold" by DN, agree?

Seems DN used Lawyers emails for his own purpose of showing "power" and threatening his kids too. 

The Mom here is a reverend and has no income since end 2005.


Dear all, see the 3 poisons at work?
Can you pick up all the Threats from the above?
The Threat of Force-eviction is like pronouncing a Death Sentence, But the Date of such action or execution is not known.
How does One lives with a constant threat of being forcefully evicted with the Power of the Court behind DN? 
MK has semester-examinations 3rd week of August. 
With these constant threats, can he be not affected?
Can he still study with a Conducive Mindset?


Lets pray for some Immediate action to halt DN from causing more harm to his kids and ex-spouse.

Looks like DN wants to kill his kids and ex-spouse, then he is appeased?

Don't worry about Justice though.
One answers One own Karma deeds.

I am sharing all these so that people be aware what some people and lawyers can do, to cause great suffering and harm to those they consider easy preys and want to subdue.



Om Guru Lian Sheng Siddhi Hom
Lama Lotuschef


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