A Malaysian company owes me a considerable sum of money for work
completed at the 1998 Commonwealth Games.  I have tried to contact the
company and directors on numerous occasions without success.  What
other options do I have to collect the money?

What is the name and address of the company and the name of the
officers?  You may need to contact a business law attorney or private
investigator in that city to get their home addresses or name of
government agency to complain to.

Please explain why you have waited until now to try to get this matter
resolved.  When making arrangements for their services, were you
required to get any type of governmental approval for this company's
services?

SINCERELY,
KEITH (I'm NOT a GOOGLE Researcher)

Hi Keith

Thanks for your note.

The Company is called Edaran Positif and the directors are Mohd
Nazasli Bin Abdul Aziz and Mohd Nasrizal Bin Abdul Aziz.  We
understand that their father is Mr Y.B. Senator Dato' Abdul Aziz bin
Samsuddin, the Deputy Minister for Education.

We have tried to contact the Ministry of Information, Ministry of
Finance and Prime Minister without success.  We are using local
lawyers (Shearn Delamore) to pursue this claim but simply looking for
other ideas.  We have been on the case for 5+ years!

Welcome any support.

Kind regards
Warren Newbert

2-12-2004

Were you aware that Edaran has possibly filed for bankruptcy?  Your
law firm needs to either start a bankruptcy proceeding against them or
get you in line to be named as a creditor.  Have them look at the
CIVIL SUIT #MT2-22-5231999 which came to trial approximately Jan. 16,
2002 where the company Perangsang International Sdn Bhd filed suit
against Edaran Positif--have your firm look at the
documentation/paperwork for this proceeding to see what Edaran's
assets and debt were and whether they are making payments to get this
debt paid off.

Even though they seem to be well-connected in having a high placed
relative in a governmental position, your contract should have had
some type of penalty clause in it to make arrangement for payments in
a timely fashion and if you find the right contacts in Malaysia to
apply gentle pressure against the principals, they could be
embarrassed enough to start paying.  No easy solution but I hope you
can get some type of positive action going on this.

Also have your firm do a computer search through Malaysian newspapers.
 There is a GOOGLE LINK showing a headline about a joint venture
between Edaran and NCR Malaysia, but I can't get the link to come up
so I don't know if the link has been discontinued or not, perhaps if
the joint venture did not go through or may have been cancelled later
on.


SINCERELY,
4KEITH

Many thanks Keith. I appreciate your help. I will have our lawyers
look into this. Kind regards, Warren

If you have waited for five years for justice from the Malaysian legal
system, it is unlikely you will ever be paid. We have had the
following excellent results in collection matters involving Middle
Eastern countries: if the company never had an intention to pay you,
they have committed fraud. That fraud is a violation of U.S. law.
Present the case to a local prosecutor or law enforcement official in
the United States. If charges are filed a warrant for the arrest of
the company's principals (those who committed the fraud) will go out
onto NCIC, it will also go into INTERPOL. The company's principals
will not be able to travel. Believe me, this will get their attention.

It is a crime to threaten a criminal prosecution to collect a debt in
the United States. So you cannot threaten this action. Simply take the
action, if you believe that their actions show that they never
intended to pay. If they have no valid excuse, you may be a fraud
victim entitling you to the remedies of the above procedure.

I would cc the company on your complaint letter to the prosecutor.
This is not a threat, after all, you are merely advising them of the
course you are taking. If they are smart, they will attempt to settle
immediately.  I could anecdotally give you several examples of how
effective this is.

It may well be completely proper to threaten criminal action in
Malaysia. It is a Muslim country and there is no such prohibition
under the shari'a. Indeed, the failure to pay a just debt in Malaysia
is a religous, as well as a civil obligation. That is because the
Koran says, "O Believers! Keep your agreements!" If it is legally
proper to threaten in Malaysia, use those mechanisms that local laws
allow, especially if you are already in court. But tread carefully in
this area.