Writ Summon for Breach of Contract

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asked on Oct 8, 2017 at 12:42
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 11, 2017 at 01:43
Hi @notalawyer @jeff005,

Thanks for your thoughts. Will take note on all of your points above when preparing  the defence.

As of today, we have filed the Notis Kehadiran and Notis Bertindak Sendiri at the court. Negotiation with the plaintiff also failed. Seems like we have no other choice but to fight the case. 

 As the hearing will be on the 19th, shall we submit the SOD before the hearing or can we do it after the hearing only? As I did read somewhere saying that the SOD should be filed and served to the plaintif lawyer within 14 days of appearance.
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answered on Oct 11, 2017 at 01:57
As the hearing will be on the 19th, shall we submit the SOD before the hearing or can we do it after the hearing only?

No.  Do not prepare the Statement of Defence (SOD) yet.
Make it more difficult for them by asking them to deposit RM50k into the Court first.

Create two new documents
a.  Notis Permohonan ( Notice of Application )  - asking the Court to ask them to deposit RM50k
b.  Afidavit Sokongan ( Supporting Affidavit ) - stating the reasons why u want the deposit

Post the draft documents here for checking.

Also post the Writ, Kenyataan Tuntutan, and Agreement here for checking.
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answered on Oct 17, 2017 at 17:47

Case management on the 19th Oct.2017

Are you going to continue fighting your case? 
You have reach an an amicable solution with the creditor?..
Or you don't need further assistance from the Avengers? 
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