A brief overview on debt recovery matters:

Debts can arise from a variety of circumstances and transactions. Bad debts are accrued due to the refusal of your customers to pay you what is owed, perhaps for the services that you have rendered, or for the goods that you have sold to your customer who had agreed to pay you the stipulated purchase price.

Always have a proper record of the transaction. Having a record of your Quotations, Purchase Orders and Delivery Orders duly acknowledged by the correct recipient/customer is highly recommended. Simple email communications and agreements/acknowledgements to the purchase price and terms of delivery are also encouraged.

At K. Sugu & Associates, we would always recommend that the client first issues its own reminders. If there is no response from the debtors then your solicitor can issue a Notice of Demand for the sums owing and that the same is to be paid within a specified time. If there is still no response, we would then recommend that you file legal proceedings. It’s always best to act promptly. If you have any queries on this area, feel free to contact us on our legal services pertaining to debt recovery. At present, the Firm handles a lot of debt recovery matters (individual / bulk matters).

A brief overview on Landlord – Tenant Disputes:

The laws on Tenancy in Malaysia is a grey area and at present, there is no specific legislation for landlords or tenants.

Just because you own a property which is being tenanted out does not give you the ultimate rights to immediately evict your tenant and lock up the premises in the event your tenant defaults in paying rentals. Such actions by the landlord could invite a lawsuit by the tenant and there are also other serious repercussions if the landlord acts in a such a manner.

Sufficient notice to the tenant is always a ‘must’ in the event of default in rentals. Sufficient Notice that the landlord intends to exercise his/her rights to terminate a tenancy agreement is also crucial. In the event the tenant remains defiant, refuses to settle the outstanding rentals and continues to occupy the premises, then the landlord can only evict the tenant by way of filing legal proceedings praying for an orders amongst others that the tenant is to deliver vacant possession within a specified time and possible claim for double rental. If you have any queries on this area, feel free to contact us on our legal services pertaining to landlord-tenant disputes. The Firm handles these disputes for landlords and/or tenants.

Meanwhile, here is something for your reading pleasure:

Edge Market Article - Residential Tenancy act month long consultation progress Malaysia plans law enactment

A brief overview on Probate and Administration;

The idea of preparing a Will can be a taboo to many Malaysians. These days however, many realize the importance of specifying their last wishes and the manner their assets are to be disposed of in a proper written Will so as to avoid any disputes in the event of their untimely demise.

A Will is basically a written document wherein the testator specifies how his beneficiaries will stand to inherit any assets of inheritance. The testator also specifies the appointment of a specific executor of his Will. An Executor acts merely as a trustee and is empowered under the Will to do all things necessary to effect the wishes of the testator.

In the event a person dies intestate i.e without leaving a written Will, then his family will have to apply for Letter of Administrations by way of a Court Proceedings. If you have any queries on this area, feel free to contact us on our legal services pertaining to the area of Probate and Administration.

A brief overview on employee Dismissals and Industrial Relations:

Many establishments often have employee related problems that can most often than not, affect the day to day operations and business.

Employers are advised not to act in a rash manner when dealing with difficult, disobedient or insubordinate employees. There are a proper set of procedures that Employers are required to adhere to before effecting any form of disciplinary measures against a problematic employee. Warnings to the particular employee are crucial, although too many warnings without taking any action may also amount to condonation of the employee’s unacceptable conduct or behaviour. As such, it is crucial for employers to know their rights and the correct procedures before effecting a dismissal.

As for employees who face a tough time at work, many form the impression that they would be entitled to walk out claiming ‘constructive dismissal’. This is an incorrect assumption as the law is very clear on the type of instances that may amount to a basis of claiming Constructive Dismissal of which, affected employees will be surprised to find that their contention with their employers may not necessarily fit into the court decided instances. Therefore, knowing what your rights are, are crucial before taking any steps to claim a dismissal. If you have any enquiries on this area, feel free to contact us on our legal services pertaining to the area Dismissals and Industrial Relations.

A brief overview on the area of Defamation:

Defamation basically means: something said (slander) or written about you (libel) that harms your reputation and lowers you in the estimation of right thinking members of society.

A Defamatory statement must be taken so as to refer to you or are being capable of referring you and whether any reasonable person would know that the Defamatory statement refers to you.

The law of Defamation can be highly contentious and it is a specialized area of the law. If there are any false or defamatory statements concerning you circulating in the open, causing damage to your reputation, then an injunction may also be necessary. The Firm handles a substantial amount of Defamation matters, Plaintiff’s and Defendant’s work. If you have any enquiries on this area, feel free to contact us on our legal services pertaining to the area of Defamation.

A brief overview on our Legal Advisory Services:

The Firm at present acts as legal advisors to several start-up businesses and Corporations that have emplaced us on their monthly retainer. It is important that every such establishmentS and even sole proprietors and partnership businesses to have a firm of solicitors to consult in order to safeguard their interests before embarking on any transactions or deals. The Firm is also on the panel of several Joint Management Bodies and Management Corporations and actively advises on strata management disputes.

Proper vetting through of agreements, employment contracts, and any other documents or contracts in general is crucial and ought to be done by a professional firm of solicitors. Many establishments, businessmen and Corporations may have received letters of demand or legal notices or statutory notices that require a remedy within a specific time frame. It is always important to address any such notices or demands in a prompt fashion to state your grounds at the outset as failure to do so would not augur well in the event the matter goes to Court. If you have received any legal letters, demands or notices that need to be looked into, kindly contact our team and we will see how best we can assist you to first resolve your disputes and/or in the alternative resist and set aside any claim against you.