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Can supplier file a writ of summons for 12 years old unpaid invoice?

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asked on Jan 2, 2021 at 16:24
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edited on May 30, 2021 at 03:44
 
I was contacted by a lawyer couple days ago via Whatsapp informing they are instructed by a supplier to file writ of summons against me 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 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 summons for overdue invoices with 30 days payment term that were issued in 2008?

2. How does the statute of limitations apply to such case? 

First time posting here. I need some advice and hopefully someone can help out.

Thanks in advance.
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3 Answers

answered on Jan 2, 2021 at 18:05
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edited May 30, 2021 at 03:51
 
@joseph2020,

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

2. How does the statute of limitations 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 terms and conditions of periods for many other types of contracts/agreements. Example: Contract of Marriages.

Your question 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 has signed personal guarantees to the debt). However, the Limitation Act 2018 applies for both situations.

Caution: Do not respond to such message again. Block the sender or caller..!!

Want to sue, sue lah.. no need to talk so much..!!

(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.)
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answered on Jan 3, 2021 at 00:40
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edited May 30, 2021 at 03:52
 
@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 2018 if the writ of summons arrives. 
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answered on Jan 3, 2021 at 20:53
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edited May 30, 2021 at 03:54
 
@joseph2020

might reach you again
Sorry.. I do not know how to advise on how to fight against lawsuits in Courts.
It is not my cup of tea too.

However, they are many samples written by many more senior forumers under the Bankruptcy section of this forum, 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.
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