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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 16:11
by   Sharil
Does the company have branch office and staff in Malaysia? 
Yes. They have branch office and staff in Malaysia. 

Can your wife speak English and Malay in Court?
Yar. She can speak both language fluently.

Hey.. Nilai is near my place..!!
Should meet and belanja you at least once @jeff005

Employment Bond signed in Spore is under Employment Laws of Spore NOT enforceable in Malaysia. 
But in the contract clearly stated it will be governed under Malaysia Law jurisdiction.

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.. 
Owh ok. Understood. Will take note on this. Thanks @jeff005 @notalawyer for your thoughts

Below are the revised version for Notis Bertindak Sendiri
************************** 
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 

Notis ini difailkan oleh defendan pertama, --------------
******************************
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answered on Oct 9, 2017 at 16:20
by   Sharil
Hi @notalawyer

Was the agreement signed in Singapore or Malaysia
Were signed in Malaysia

When was the first disbursement of the scholarship funds? 
This we have no access to confirm as all the payment were made directly between the company and the institute. 

Was the scholarship disbursed to your wife's personal bank account or directly to the university?
Directly to the institute where we did not involve anything with the disbursement.
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answered on Oct 9, 2017 at 16:36
by   vkpc
Hi Sharil,

Are you Chinese also?
Do you want to be an Avenger?
We don't have anybody in Seremban at the moment.

For tomorrow's filing at Seremban Magistrate Court, the Court may also require e-filing.
So you may need to scan the documents ( after signing ) and create a PDF file for each document.
Bring all the PDF files in a thumb drive together with the printed copies.
If you are not able to create the PDF files, the e-filing counter may be able to scan the docs for you but it may take longer time.
You may need to pay about RM10 for each document.  Keep the filing receipts carefully.
Good Luck.
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answered on Oct 9, 2017 at 16:52
by   vkpc
Here is an example of how to scan document into PDF.

http://www.wikihow.com/Scan-Documents-Into-PDF
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answered on Oct 9, 2017 at 17:10
by   jeff005
edited Oct 9, 2017 at 17:10
by   jeff005
Hi Sharil

The company is IT outsourcing co? A vendor?
What was your wife studies in?
In the EB, where will she be stationed ?
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answered on Oct 10, 2017 at 00:50
by   Sharil
Hi @vkpc @jeff005

Are you Chinese also?
Nope. I'm malay married to chinese muslim.

 Do you want to be an Avenger?
I wish I could say yes @vkpc. But I can't commit to be one as my current work required me to be station outside Malaysia for months. I was just lucky to be on leave when my wife received her writ summon. At least I can assist her to go through the process.

For tomorrow's filing at Seremban Magistrate Court, the Court may also require e-filing. 
So you may need to scan the documents ( after signing ) and create a PDF file for each document. 
Bring all the PDF files in a thumb drive together with the printed copies. 
If you are not able to create the PDF files, the e-filing counter may be able to scan the docs for you but it may take longer time. 
You may need to pay about RM10 for each document.  Keep the filing receipts carefully. 
Good Luck.
Just knew about this. Thanks for the info. Will do that.

The company is IT outsourcing co? A vendor? 
Hi @jeff. Nope. I have email you all the details with regards to her BE.
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answered on Oct 10, 2017 at 13:07
by   notalawyer
My personal view is that it is enforceable upon completion of the studies, of which your wife would have exceeded the minor age.

Let's say you are 12 years old and when you visit your friend's house, you tell his mother that you liked the house very much and will want a house like this when you start working.
So the mother suggested that you sign an agreement together with her to purchase the house at market price when you start working later in life.

Later when you start working at age 21, do you have to buy the house?
Think about it carefully.
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answered on Oct 10, 2017 at 18:05
by   kunta_kinti
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answered on Oct 10, 2017 at 18:18
by   jeff005
@ notalawyer
Noted with thanks

Fully agree with the analogy given for the 12 year old above.

I have also taken note that certain trades whereby some specialised skills, e.g. Masonry, apprenticeship, accountancy articleclerkship that may start before age of consent.
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answered on Oct 10, 2017 at 19:24
by   notalawyer
I have also taken note that certain trades whereby some specialised skills, e.g. Masonry, apprenticeship, accountancy article clerkship that may start before age of consent.

Anything can start or do, but nothing is binding on a minor.
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