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Received lawyer letter for court case

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asked on Nov 25, 2018 at 21:19
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edited on Dec 15, 2018 at 00:43
 
My parents received a letter from a lawyer firm to attend to court on this 28th November 2018. 

An enterprise company (A) sues my parent's co. (not Sdn Bhd) for owing stock money.

Story guideline:

Problem is they never received any stock from A company. Previously A has been sending stocks regularly to my relative's (Fenny) shop. Delivery order stated Fenny name as well. Fenny who is the person in charge and contact with the A company. Previously,  Fenny always asked my parents for help to pay off the amount owed to A company. My parents many times issued own company cheque to Fenny and paid to A company. Sometimes using company account to transfer directly to A company.  Till year 2017, Fenny passed away. And A company started to come to my parents and ask for paying debts (Fenny). They refused to pay. 

And few days ago, lawyer sent letter to them to ask to "hadir ke" court. Until today,  they have received only lawyer letter. Any other documents have yet to receive. 

I'm so hopeless. Should I help them to get a lawyer or what to do first? 
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9 Answers

answered on Nov 25, 2018 at 22:39
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edited Dec 15, 2018 at 00:57
 
My parents received a letter from a lawyer firm to attend to court on this 28th November 2018.
Why last minute only look for help?
Post image of letter for checking, as soon as possible! Do not delay.

If your parent's company did not issue a Purchase Order for the goods and your parents did not sign the Delivery Orders, this can be used to defeat the lawsuit. However, the lawsuit can only be defeated if it was properly contested (fought) in Court.
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answered on Nov 25, 2018 at 23:00
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answered on Nov 25, 2018 at 23:04
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edited Dec 15, 2018 at 01:08
 
Actually my parents received the letter around 21 November 2018. At first was planning to attend court but think twice felt that we should fight for it because debt shouldn't be borne by us. Is there any way to save them please?
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answered on Nov 25, 2018 at 23:09
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Why no reply to questions below?
Did your parent's company issue a Purchase Order for the goods?
Did your parents' company sign the Delivery Orders confirming receipt of the goods?

Tomorrow morning, call up the law firm and tell them will attend Court on 28th Nov.
Then ask them for a copy of the Writ Summons and also a copy of the Statement of Claims.
File a Notis Kehadiran tomorrow at the Muar Sessions Court counter.  Do not delay.
( you can search this forum to get a sample of this Notice )
On 28th Nov, ask the Judge for 2 weeks to find a lawyer.
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answered on Nov 25, 2018 at 23:17
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edited Dec 15, 2018 at 01:21
 
Sorry, here are the answers:

Did your parent's company issue a Purchase Order for the goods?
No. Never issue any doc.

Did your parents' company sign the Delivery Orders confirming receipt of the goods?
No. My parents never seen the DO and never sign. Stock was always sent to Fenny shop and received by her.

Okay. Will do it as soon as possible tomorrow as per advice. Million thanks. Want to ask, any other way to file "Kehadiran" at Muar Court? Parents are staying at Perak and a bit hard to travel to Muar tomorrow.
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answered on Nov 25, 2018 at 23:23
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edited Dec 15, 2018 at 01:23
 
I would like to ask:

The co. is under both parents names. They both must attend together? If either party absent on 28 November 2018? 
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answered on Nov 25, 2018 at 23:56
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edited Dec 15, 2018 at 01:28
 
Want to ask, any other way to file "Kehadiran" at Muar Court? Parents are staying at Perak and a bit hard to travel to Muar tomorrow.
Can ask somebody else to file the Notice of Appearance, but at the bottom part
Notis ini difailkan oleh....
must put that person's name, address and tel.

No. Never issue any doc.
No. My parent's never seen the DO and never sign.

Your parents company can use this as a defence to defeat the lawsuit.

The co. is under both parents names. They both must attend together?
I think one parent will do since it is just for a "mention" of the case.
In a mention, there is no arguing, just set new dates to file their defence and the next court date.

Are your parents planning to use a lawyer?
Normally for company, need to use lawyer unless special case allowed by Judge.
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answered on Nov 26, 2018 at 08:42
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edited Dec 15, 2018 at 01:29
 
Are your parents planning to use a lawyer?
Normally for company, need to use lawyer unless special case allowed by Judge.

Do you mean on 28 November 2018, my parents have to be accompanied by a lawyer instead of attending alone? Previously you stated to ask for 2 weeks time to find lawyer during court. So I have to look for lawyer before 28 November? 
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answered on Nov 26, 2018 at 08:53
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edited Dec 15, 2018 at 01:32
 
Do you mean on 28 November 2018, my parents have to be accompanied by a lawyer instead of attending alone?
On 28th, your parent can attend alone and ask for 2 weeks to find a lawyer.

If your parent wants to self-represent later, they can ask permission from the Judge on the 28th. They should only self-represent if not enough money to pay lawyer.

Judge may ask for letter from all company's shareholders agreeing to one of your parent representing the company. This also depends on whether the other company has objections.

Post your "Notis Kehadiran" here for checking.
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