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> Civil court case in Malaysia, To gather information on legal fees etc.

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TSgabriella89 P
post Aug 14 2019, 05:01 PM, updated 2w ago

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Hi guys,

Apologize that I can't really find which section that I supposed to initiate a thread on this topic / perhaps there are already topics on similar cases which I was unable to locate.

To make it simple, currently I am involving in a civil case which might requires to hire a lawyer for the case. I would like to check with you guys, do you guys know how much it would be for the legal fees if the claims is between 5000 ~ 5500?

Many thanks in advance!
2feidei
post Aug 14 2019, 05:17 PM

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You the plaintiff or defendant?

Seriously, for claims 5k, the legal fees will be higher than claim
2feidei
post Aug 14 2019, 05:20 PM

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U kena letter of demand is it? LOD if issued by real lawyer usually cost RM150-RM250 per demand jer....some even got pre-printed, faked demand letter
TSgabriella89 P
post Aug 14 2019, 05:32 PM

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QUOTE(2feidei @ Aug 14 2019, 05:20 PM)
U kena letter of demand is it? LOD if issued by real lawyer usually cost RM150-RM250 per demand jer....some even got pre-printed, faked demand letter
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Hi there,

Yes, I'm the defendant and kena letter of demand.
2feidei
post Aug 14 2019, 05:37 PM

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QUOTE(gabriella89 @ Aug 14 2019, 05:32 PM)
Hi there,

Yes, I'm the defendant and kena letter of demand.
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Lel......without knowing details, all you can do is contact the person or the other fella, ask for amicable settlement and solution. Unless you absolutely serious and believe you are not wrong, you counter-sue the other party back, claiming all the cost involved.

It will be messy though biggrin.gif
TSgabriella89 P
post Aug 14 2019, 05:46 PM

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QUOTE(2feidei @ Aug 14 2019, 05:37 PM)
Lel......without knowing details, all you can do is contact the person or the other fella, ask for amicable settlement and solution. Unless you absolutely serious and believe you are not wrong, you counter-sue the other party back, claiming all the cost involved.

It will be messy though  biggrin.gif
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Well, thing is like this.. I've signed an employment contract with a company and my current company counter offered me, and there is this one clause in the employment contract mentioning that I will need to indemnify the company with the said amount if i wasn't able to turn up for the job.

I have proceed with all of the necessary steps, like rejecting the company's offer in a good manner, both written and via phone call, and they insist that I would need to pay them with that amount and might bring this to the court.

I don't think that I would counter-sue the other party, it might be troublesome sweat.gif

2feidei
post Aug 14 2019, 05:54 PM

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Go look or read closely in your employment contract that you sign, especially on resignation. Worst case scenario, on first day you join, you tendered your resignation letter, then serve notice while applying leave from current co for the duration.

Second, i might be wrong, but, such clause has no legal standing in law one, unfair, doubt they able enforced it.

If I am you, I just ignore it, take it as future lesson, next time think properly first before sign anything
ipohmali70
post Aug 14 2019, 10:20 PM

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You can look for any lawyer but their costs to defend you will be high and may be higher than the claim. In the end you might need to pay the original claim, plus their lawyer fees, plus court fees, plus your lawyer's fees.

It might come up to a considerable sum.

Good luck to you.
ipohmali70
post Aug 14 2019, 10:33 PM

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And don't forget interest, if the case drags.

Do keep us posted.

Good luck.
I'm V-Kool
post Aug 14 2019, 10:36 PM

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https://asklegal.my/p/how-to-get-legal-aid-in-malaysia

Perhaps you can read this
Enjoise
post Aug 14 2019, 10:41 PM

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Demand letter only, can ignore
Daddy2be
post Aug 14 2019, 11:19 PM

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QUOTE(2feidei @ Aug 14 2019, 05:54 PM)
Go look or read closely in your employment contract that you sign, especially on resignation. Worst case scenario, on first day you join, you tendered your resignation letter, then serve notice while applying leave from current co for the duration.

Second, i might be wrong, but, such clause has no legal standing in law one, unfair, doubt they able enforced it.

If I am you, I just ignore it, take it as future lesson, next time think properly first before sign anything
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U need to read again bro
Daddy2be
post Aug 14 2019, 11:29 PM

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QUOTE(gabriella89 @ Aug 14 2019, 05:46 PM)
Well, thing is like this.. I've signed an employment contract with a company and my current company counter offered me, and there is this one clause in the employment contract mentioning that I will need to indemnify the company with the said amount if i wasn't able to turn up for the job.

I have proceed with all of the necessary steps, like rejecting the company's offer in a good manner, both written and via phone call, and they insist that I would need to pay them with that amount and might bring this to the court.

I don't think that I would counter-sue the other party, it might be troublesome  sweat.gif
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If he company decide to persue this I have little doubt that they will succeed in making you pay. You have signed on the dotted line but chosed to break the contract in bad faith. And it would be very easy to prove since your company would have all the record about your counter offer.

That being said, assuming you were NOT AN asshole to the company you supposedly agreed to join, show up in person and negotiate with the PIC. It cost money to fight/defend this and nobody but the lawyers win since so little money involved.

I too have this clause inserted for key position in my company. It is to discourage people to do exactly what you did; accepting a counter offer and breach the good faith.

It could just be a scared tactic but honestly speaking, you signed an agreement and broke it but it seems your manners tells you it's adequate to send and email and a phone call. Imagine your current boss rescind the counter offer with an email and phone call.

I wish you good luck
LamTin.
post Aug 14 2019, 11:40 PM

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QUOTE(I'm V-Kool @ Aug 14 2019, 10:36 PM)
Dont think TS eligible because his case no merits and he admitted to breach the contract.


LamTin.
post Aug 14 2019, 11:52 PM

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QUOTE(Daddy2be @ Aug 14 2019, 11:29 PM)
If he company decide to persue this I have little doubt that they will succeed in making you pay. You have signed on the dotted line but chosed to break the contract in bad faith. And it would be very easy to prove since your company would have all the record about your counter offer.

That being said, assuming you were NOT AN asshole to the company you supposedly agreed to join, show up in person and negotiate with the PIC. It cost money to fight/defend this and nobody but the lawyers win since so little money involved.

I too have this clause inserted for key position in my company. It is to discourage people to do exactly what you did; accepting a counter offer and breach the good faith.

It could just be a scared tactic but honestly speaking, you signed an agreement and broke it but it seems your manners tells you it's adequate to send and email and a phone call. Imagine your current boss rescind the counter offer with an email and phone call.

I wish you good luck
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It depends on how much evidence the company is holding. If the company has evidence like TS's identification card copy, eyewitnesses of TS signing the contract and cctv showing TS signing the contract, then dont waste TS's time and money to defend the case.

No matter you win or lose the case, the lawyer fee definitely more than 5.5k not including your time and other expenses. If you lose the case the judge could ask you to bear certain damages as well. Good luck defending for TS in court...
2feidei
post Aug 15 2019, 01:47 AM

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QUOTE(Daddy2be @ Aug 14 2019, 11:19 PM)
U need to read again bro
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sudah baca liou, she oledi pm me oso.....sudah settle biggrin.gif
TSgabriella89 P
post Aug 15 2019, 08:47 AM

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Hi guys,

Thanks for all of the wishes / replies / suggestions / advises provided!! I'll keep you guys posted on this!!


kamfoo
post Aug 16 2019, 05:19 PM

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better pay up if wrong
jepakazoid_82
post Aug 17 2019, 08:05 AM

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Hmm... accepting counter offer

 

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