Civil
How Do You Start A Small Claims Procedure In Malaysia?
over 7 years ago fadzel
Pssst. We wrote an updated version of this article and you can find it here.
What is the small claims procedure?
What if you have a claim which does not fail under either the Consumer Claims Tribunal or any other tribunals and the sum involved is small, not more than RM5000?
You can take it to the Magistrates’ Court through the small claims procedure (Order 93 Rules of Court 2012 (ROC)).
You don’t even need a lawyer to do that.
Here are some important facts about the small claims court:
What kind of claims can you file?
The following are examples of claims that you can file:
Before you proceed with your claims, you should:
How do you file a claim?
Just follow these steps to file a claim:
If the defendant fails to file his defence within the required period or fails to attend the hearing, the court may give the judgement to you.
If the defendant offers to settle out of court before the hearing, you can accept by:
and
Your case is then considered withdrawn.
What happens in court?
If you win the case, the magistrate will award you either the whole claim or part of it. You can also claim for costs not exceeding RM100 (Order 93, rule 15).
Pic credits: s.yimg.com
This article is for informational purposes only and should not be taken as legal advice. Every situation is unique and dependent on the facts (ie, the circumstances surrounding your individual case) so we recommend that you consult a lawyer before considering any further action. All articles have been scrutinized by a practicing lawyer to ensure accuracy.
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