Advertisement

12 years old invoice

118 Views  ⚫  Asked 3 Months Ago
asked on Jan 2, 2021 at 16:24
by  
edited on Jan 2, 2021 at 16:27
by   joseph2020
Hi, 

First time posting here. I need some advices and hopefully someone can help out. Thanks in advance.

I was contacted by a lawyer couple days ago via whatsapp informing they are instructed by a supplier to file writ of summon over some overdue goods deliver invoices dated back to 2008. The invoices were issued previously to a sdn bhd company which I am a director in 2008.  In year 2009 the company has met difficulties and stopped operation. Ever since then the status of the company is dormant. 

My questions are:

1. Can they file the writ of summon for overdue invoices with 30 days payment term that were issued in 2008?

2. How does the stature of limition apply to such case? 

Thanks 
0 had this question
Me Too
0 favorites
Favorite
[ share ]
3 Answers

answered on Jan 2, 2021 at 18:05
by  
edited Jan 2, 2021 at 18:16
by   jeff005
joseph2020

1. Can they file the writ of summon for overdue invoices with 30 days payment term that were issued in 2008?
Yes, of course, your creditor can even after 20 years.
In Malaysia, there is no period (expiry of a debt). It is lifelong (other than blood-debt), whilst in some countries, the debt "expires" after 20 years.

2. How does the stature of limition apply to such case? 
The Limitation Act 2018 states that for a financial debt, a lawsuit is only valid when started within 6 Years from date of default in payment. Validity means the action to file lawsuit is there but one can easily set it aside (buang saman) by the application of the Limitation Act. There are other T&C of periods for many other types of Contracts /agreements. Example, Contract of Marriages.

Your Q asked is not clear, whether your creditor is suing you in your personal name or in the name of the company (sdn bhd). These are 2 types of situations (rather if a Director have sign personal guarantees to the debt). However, the LA2018 applies for both situations.

Caution : Do not respond  to such msgs again. Bar the sender /caller..!!

Want to sue, sue lorr.. no need  talkong so much.. put ur horse come..!!

(Caveat : The above comment is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
3 found this helpful
Helpful

answered on Jan 3, 2021 at 00:40
by  
edited Jan 3, 2021 at 00:44
by   joseph2020
@jeff005

Thanks a lot for replying, really appreciated it. 

The creditor is suing the company, me and another director who has signed a sort of personal guarantee at that time if I remembered correctly. 

I did not respond to any of the messages nor reply the letter of demand that was sent to me via whatsapp. The other director has received his letter of demand by post from the lawyer but did not reply nor respond to whatsapp message as I have told him not to do so 

Thanks again for the advice and might reach you again about setting aside by application of limitation act if the writ of summon arrives. 
0 found this helpful
Helpful

answered on Jan 3, 2021 at 20:53
by  
edited Jan 3, 2021 at 20:54
by   jeff005
joseph2020

might reach you again 
Sorry.. I do not know how to advise on how to fight with Lawsuits in Courts.
It is not my cup of teh tarik too.

However, they are many samples written by many more senior forumers under this section of bkcy, that is, if you decide to perform "self representing". You have to read backwards for the past 2 years for various methods of defense tendered in court.
2 found this helpful
Helpful


You must log in to answer this question.

Not the answer you're looking for? Browse other questions by category or search to find answers.