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Writ Summon for Breach of Contract

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asked on Oct 8, 2017 at 12:42
by   Sharil
edited on Oct 8, 2017 at 12:50
by   Sharil
Hi Gents.
On 03/10/2017 my wife & her guarantors (2) received Writ Summon from her previous Company AAA that sponsored her study and bind to work with them for 10 years after finish her study. The court hearing stated in the letter was on the 03/10/2017 itself. The next day we called up the court and been informed that the first hearing was on the 19/09/2017, second hearing 03/10/2017, third hearing 19/10/2017. Therefore, we called the plaintiff's lawyer to clarify why we did not been informed on the first hearing and why the writ summon were only served to us yesterday. They told me that the first hearing got some amendment on the writ so postponed, the second hearing was postponed to 19/10/2017 because the defendant have not received the writ.

She have been demanded for a sum of RM70,000.00 due to breach of contract. But now she is a fulltime housewife with no income and a daughter to take care of and we cant afford to pay them that amount.

Few points to highlights:
She was a minor when the agreement was made. Besides that, there were no original copy of the agreement handed over to her till this date. In fact, based on the soft copy provided by them recently, there were no initials on each page of the contract and as far as she concerned,she don't recall on agreeing on such terms (compensation of RM70,000).

Anyhow to avoid further complication, we have made appeal letter to the plaintiff to settle outside the court and offer them two options to consider as to withdraw the case and discharge my wife from the agreement.
Still waiting for approval.

So my concerns are:
1) Can we ask the plaintiff to postponed the hearing date as we are still waiting for approval from their commitee. Is it possible for them to postponed the date in court procedure, do they have the rights to do that? Or else, on the hearing date itself we ask the majistret to postponed the prosiding as we waiting confirmation from plaintiff.

2) if on the hearing date i would like to request to postponed the prosiding because I would like to engaged a lawyer just because to delay the case as we are still negotiating with plaintiff. But then, on the next hearing, I didnt engaged a lawyer. Will this be a problem? 

3) should they disagree with the proposed settlement, and proceed with legal action till bancruptcy, what happen to our house which is in my name only but under joint loan with her? 

4) Will the social guarantors been declared backrupt also?

5) if they agree on the proposed settlement. How can we know that they have withdraw the case from the court? Is there any specific terms inside the e-filing should mention?

I hope some of you would be able to clarify & help me on this.

Thank you
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answered on Oct 8, 2017 at 19:00
by   notalawyer
Each defendant must file his/her own Notis Kehadiran.
So there should be 3 different Notis Kehadiran.  The sample NK you posted above looks correct.

It is possible that 1 defendant represent all the other 2 defendants in Court.
The other 2 defendants must give Surat Perwakilan ( Letter of Representation ).

Is the plaintiff a foreign company?
Did your wife sign the agreement before or after her 18th birthday?
Why did she decide not to work for the company as agreed in the contract?

Depending on the type of cases and reputation of lawyers firm, per court lawyer attendance fees can be rm300 to rm500.
My classmate lawyer charges RM1,500 per court attendance and that was 18 years ago.
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answered on Oct 8, 2017 at 21:02
by   Sharil
I hv internet problem  
Just buat bodoh, attend and postpone this hearing first. 
No time to prepare SOD. Submit later. 
U hv a solid defence.?

A: Understood. Will attend first.

It is possible that 1 defendant represent all the other 2 defendants in Court. 
The other 2 defendants must give Surat Perwakilan ( Letter of Representation ). 

A: If that is the case, we will try to get the Surat Perwakilan for the other 2 defendant. Thanks for the info.

Is the plaintiff a foreign company? 
Did your wife sign the agreement before or after her 18th birthday? 
Why did she decide not to work for the company as agreed in the contract? 

A: Yes. It is a Singapore company. She signed & attend the study prior she attained the age of 18. Reason why she decided not to work is because the nature of the work itself that she cannot commit after getting married.

I would like to thanks both of you @jeff005 & @notalawyer to clarify most of my doubt & given your inputs even on your weekend. 
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answered on Oct 8, 2017 at 22:40
by   notalawyer
a. But after we gone through the Writ Summon, the date mentioned for the contract stated otherwise where my wife have attained age 18.
b. She signed & attend the study prior she attained the age of 18.


Which one is correct, a. or b. ?

When do you plan to file the 3 Notis Kehadiran?
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answered on Oct 8, 2017 at 22:44
by   notalawyer
If Avengers help your wife win this lawsuit,
you need to donate all costs won to the Avengers War Chest.
Do you agree?
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answered on Oct 9, 2017 at 01:55
by   Sharil
edited Oct 9, 2017 at 02:20
by   Sharil
Which one is correct, a. or b. ? 
'b' is correct. She signed and attend the study prior attain the age of 18. But its difficult to prove that she was under 18 y.o when the contract were signed because the date column on the scanned copy of the 'sponsorship agreement' were left blanked. The only proof that we had is the age when she attended the study where we can get it from the Institute examination result transcript stating that the course duration for the studies were from July 2007 to October 2010. Unfortunately, in the Writ Summon issued to her state that the 'Sponsorship agreement' were dated May 2008. (My wife were born in November 1989)

When do you plan to file the 3 Notis Kehadiran?
We planning to file the 'Notis Kehadiran' in the morning of 10 October 2017,Tuesday for first & second defendant since the second defendant were not in town till tomorrow. For the third defendant, we still facing issues unable to contact him.

If Avengers help your wife win this lawsuit, you need to donate all costs won to the Avengers War Chest. Do you agree?
All of you have done more than I could ever ask to assist us in this case. I would be more than happy if the avengers willing to help us in this. My apology, but I don't really understand the meaning for "donate all costs won". Is it the compensation sum of RM70,000 that been demanded by the plaintiff? If possible, I would like to personally come meet you for discussion at your prefer time and venue together with all the documents and correspondence with regards to this case so that the avengers will be able to fully appraise the case.
FYI, we had sent an appeal letter last Friday which we offer them two options of repayment plan for them to consider as to withdraw the writ summon & discharge all the defendant from the said agreement which we still waiting for the reply.
Nevertheless, I still have to discuss with the second defendant (My mother in law) prior agreeing. Hope you understand.
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answered on Oct 9, 2017 at 02:07
by   notalawyer
I don't really understand the meaning for "donate all costs won". Is it the compensation sum of RM70,000 that been demanded by the plaintiff?

No it is not.
If you win, the Court may award costs of RM2K to RM 5K to you.
The higher you go, the higher the costs will be.
The plaintiff is required to pay this costs to your wife for wasting your time.
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answered on Oct 9, 2017 at 02:19
by   Sharil
No it is not. 
If you win, the Court may award costs of RM2K to RM 5K to you. 
The higher you go, the higher the costs will be. 
The plaintiff is required to pay this costs to your wife for wasting your time.

Sorry for my lack of knowledge. Yes. Agreed on that. We will gladly donate all the award costs to the Avengers War Chest if we won the lawsuits. But as for now, we were hoping that we can settle this case at the earliest time possible without involving the court. Prays all goes well this coming week. I will keep all the avengers updated on my case. Thanks @notalawyer.. Appreciated that
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answered on Oct 9, 2017 at 02:35
by   jeff005
Hi Sharil

This company lawyers has put forward. 3 in 1 application. There are both advantageous and disadvantageous to them. They saved costs but if the main defendant managed to set it aside, the whole writ collapses. If I will to do it, I would have filed 3 simultaneous lawsuits to be more effective.

What is the The Avengers War Chest Fund.
It is a fund that will be used to help those who were oppressed by banks or injustices received. Not all defendants can even afford filing costs, court costs, deposits. It is based on court approved costs which is merely a fraction of legal fees charged by lawyers. But sometimes, the court may decree costs to be bear by own self, like in my own High Court Case.
For those who really cannot afford court fees and lawyers fees, this War Chest Fund is to help them, otherwise they are sure to lose without legal representation.
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answered on Oct 9, 2017 at 02:36
by   jebat
Hai Sharil,

Kenape perlu bayar ansuran jika syarikat tak ada kes?
Ikut arahan Avengers dengan teliti untuk kalahkan saman ini.
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answered on Oct 9, 2017 at 03:47
by   notalawyer
For the third defendant, we still facing issues unable to contact him.
Make another Notis Kehadiran and file for the 3rd Defendant as well.
This is to avoid Judgement being entered against him.

Also create another document Notis Bertindak Sendiri  ( Notice of Self Representation )
for your wife only and post it here for checking.  The other 2 defendants no need.

Is your wife a Malay?
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