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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 9, 2017 at 04:00
by   jeff005
edited Oct 9, 2017 at 04:58
by   jeff005
Hi Hi Sharil

Basically this is an Employment Bond. My personal view is that it is enforceable upon completion of the studies, of which your wife would have exceeded the minor age. However the 10 years bond period appears draconian which violates basic trade restrictions on employment. If the sponsored study is 3 years, a fair bond period of 3 years is acceptable.

Let me share with you my limited altercation with BE (Bond Employment). My doter has several BE with her previous company. She was forced to upgrade on several snippets of IT software training. The company pays 50% of all the courses. The BE is for a period of 1 year, failing which will have to pay back what the company have spent on a pro rated basis. And there is a trade restriction of joining competitors and Principal Software companies. She subsequently join the main Principal Company. The ex company did not sue although feeders were sent that they will sue her. My doter answer was.. Sue la.. I am aware of the flaws in the BE and by Employment Laws, cannot stop her from joining competitors.

She and I studied thru the company appointment letter, company handbook, BE agreements. We discovered some major flaws after going thru tons and lines of R & R.

My Qs to you now is
1. The company that is suing now is using a Malaysian company or direct from Spore?
2.  The studies is in which country?
3.  You mentioned ex company AAA, did she joined the company after completion of studies. Joined the parent company or associates companies in Malaysia , spore?

What I am trying to do is to establish a stronger mandate to set aside this lawsuit. Hoping... You may not need to pay back anything at all.. Hopefully yours..

Just trying to bring Justice to draconian and unfair employment practices. Not after anyone's money.
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answered on Oct 9, 2017 at 04:25
by   Sharil
Hi @jeff005 @jebat

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.
A: Yar. It looks that way. If they disagree with our proposed settlement, then I will try my best with the help of avengers to set aside the case.

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. 

Thanks for the info @jeff005. Seeing all the help given in the forum, how can I not want to be part of it. Credit to those that started this fund.

Kenape perlu bayar ansuran jika syarikat tak ada kes? 
Ikut arahan Avengers dengan teliti untuk kalahkan saman ini.

Hi @jebat. Yup. Selepas tengok semua jawapan dan sokongan, somehow saya rasa confidence. Tetapi, offer yang ditawarkan dekat company agak reasonable, berdasarkan kemampuan isteri saya sebagai seorang suri rumah sepenuh masa. Disebabkan ayah dan ibu mertua saya dah mula risau bila dapat saman ni dan atas nasihat JBG, kami buat surat tawaran offer supaya saman ditarik balik dan semua defendants dilepaskan dari ikatan kontrak tu. Kalau ex company masih tidak setuju, then kami terpaksa cuba untuk ketepikan saman ni. Niat saya nak settlekan kes ni secepat mungkin sebab kerja saya perlukan saya ke luar kawasan untuk jangka masa berbulan-bulan. Isteri saya pun hanya harapkan saya untuk kes ni. Jadi ni pun antara satu sebab saya tak nak panjang kan kes. Anyway, thanks atas pandangan.
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answered on Oct 9, 2017 at 04:41
by   Sharil
Make another Notis Kehadiran and file for the 3rd Defendant as well. This is to avoid Judgement being entered against him. 
Can my wife file the appearance for the third defendant?

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. 
Noted. Will do that by tomorrow.

Is your wife a Malay?
She's chinese
1. The company that is suing now is using a Malaysian company or direct from Spore? 
The singapore company that is suing via law firm in malaysia

2.  The studies is in which country?  

MALAYSIA

3.  You mentioned ex company AAA, did she joined the company after completion of studies. Joined the parent company or associates companies in Malaysia , spore? 

Yup. She joined the singapore company upon completion of studies.

Thanks @jeff005 for the experience sharing.
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answered on Oct 9, 2017 at 11:45
by   notalawyer
Can my wife file the appearance for the third defendant?
As long as nobody complain, there will be no problem.
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answered on Oct 9, 2017 at 12:25
by   Sharil
edited Oct 9, 2017 at 12:28
by   Sharil
Hi @notalawyer

Appreciate if you can check my Notis Bertindak Sendiri below. I believe I shall file it together with the Notis Kehadiran tomorrow.

**************************
Dalam Mahkamah Magistret Di Seremban 
Dalam Negeri Sembilan, Malaysia 

WRIT SAMAN NO: XX-XXXXXXX-XXX-XX/2017
             
        Antara

AAA (S) PTE LTD (XXXX-M)                                          ................Plaintif

                   Dan

1. DEFENDAN (xxxxxx-xx-xxxx)     
2. DEFENDAN (xxxxxx-xx-xxxx) 
3. DEFENDAN (xxxxxx-xx-xxxx) 
                          ................Defenden-Defenden
 
NOTIS BERTINDAK SENDIRI

Ambil perhatian bahawa saya, ---------------- defendan pertama di atas adalah dengan ini berniat hendak bertindak secara sendiri dalam guaman ini dan bahawa alamat saya untuk penyampaian ialah seperti berikut:-

Alamat saya untuk penyampaian ialah 
xx, xxxxxxxxx, 
Xxxxxxxxxxxxx, 
71800, Nilai,
N.Sembilan 
Tel: +6019-xxxx-xxxx 

Bertarikh pada 10hb.Oktober,2017

...................... 
Defendan 

******************************
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answered on Oct 9, 2017 at 13:10
by   notalawyer
At the bottom should write

Notis is difailkan oleh Defendan pertama, <Wife Name>.

The rest looks ok.
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answered on Oct 9, 2017 at 13:12
by   notalawyer
Does the company have branch office and staff in Malaysia?

Can your wife speak English and Malay in Court?
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answered on Oct 9, 2017 at 15:17
by   jeff005
edited Oct 9, 2017 at 15:19
by   jeff005
Hahaha
We gonna test the Seremban Judges Mentality?
Sure can speak inglish, she has worked in spore co b4.

Hey.. Nilai is near my place..!!
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answered on Oct 9, 2017 at 15:24
by   jeff005
edited Oct 9, 2017 at 15:30
by   jeff005
@ Sharil

Do not pay anything yet.
My personal opinion is

Employment Bond signed in Spore is under Employment Laws of Spore NOT enforceable in Malaysia.
And
The period one can work in Spore as Expriate is max 5 years. How to work for 10 years bond?
These are possible flaws in the EB which rendered it.. Byebye
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answered on Oct 9, 2017 at 15:37
by   notalawyer
Was the agreement signed in Singapore or Malaysia?
When was the first disbursement of the scholarship funds?
Was the scholarship disbursed to your wife's personal bank account or directly to the university?
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