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Small Claims Proceedings in Malaysia

Updated on December 25, 2014

Introduction on the Small Claims Procedure (“SCP”)

SCP is a legal action, which is simple and cost relatively low to initiate (i.e. RM20/-). The person aggrieved (i.e. the Plaintiff) may utilize this legal action if the Plaintiff wish to legally enforce his/her claim.

Please note that SCP is only limited to cases where the amount in dispute or value of the subject matter is RM5,000/- or less.

SCP is commonly utilized where money was lent but not returned, however SCP may also be utilized for non-payment of salary or wages where services has been rendered, or purchase of defective goods.

The Difficulty of a SCP

The process of SCP may seem daunting, but please be rest assured that SCP is fairly simple.

While representation of an advocate and solicitor during the hearing date of SCP is strictly prohibited, the same may nevertheless be engaged as a consultant/advisor. The advocate and solicitor may advise you on your case and guide you through the SCP.

That said, a SCP is quite simple and you may actually visit the nearest Magistrate Court where the Magistrate Court Officers will be happy to guide you through the SCP.

Procedures Before Commencing a SCP

Before commencing a SCP, the Plaintiff should attempt sending a demand letter. A demand letter is basically a letter from the Plaintiff, to the other party (i.e. the Defendant), requesting amount owed or claim to be rectified within a set period of time, and the Defendant’s failure to do will result to a legal action being initiated by the Plaintiff.

The Process in a SCP

Briefly, the process that you may expect out from a SCP are as follows:

1.To commence a SCP, the Plaintiff should go to the nearest Magistrate Court. See the Magistrate Court Officer and request for Form 198 (Writ).

2. The Plaintiff must complete Form 198 (Writ) and write down his/her name, identification number, address, the person he/she wish to sue against (i.e. the Defendant), the amount that the Plaintiff is claiming for, et cetera.

3. The Plaintiff shall forward the following to the Magistrate Court Officer:-
(a) A complete and signed Form 198 (Writ); and
(b) Filing fee of RM20/-.

4. The Defendant, within 14 days from the date the Form 198 (Writ) was sent to him/her, may then do the following:-


4.1 Admits the Plaintiff’s claim.

4.1.1. The Defendant may admit to the Plaintiff’s claim immediately by giving the following to the Magistrate Court Officer:-

(a) Form 199 (Statement of Defence/Counterclaim); and

(b) Filing fee of RM4/-.

4.1.2. The Magistrate Court will then grant judgment for the Plaintiff in Form 204 (Judgment Where Defendant Admits Claim).


4.2 Defend against the Plaintiff’s claim.

4.2.1. The Defendant would need to give the following to the Magistrate Court Officer:-

(a) Form 199 (Statement of Defence/Counterclaim); and

(b) Filing fee of RM4/-.

4.2.2. The Magistrate Court will then set a hearing date. Both parties should attend the hearing otherwise, judgment will be entered against the absenting party.

4.2.3. At the hearing date, please bring any documents and materials that would support your case as the Magistrate may request for further information, documents and materials. Examples of documents and materials that would assist you would be telephone messages, contracts, receipts, et cetera.

4.2.4. The Magistrate Court will provide opportunity to both parties to settle their cases. If both parties are not willing or unable to reach a settlement, the Magistrate Court will pass judgment after hearing the cases of both parties.


4.3 Defend and Counterclaim against the Plaintiff’s claim.

4.3.1. The Defendant would need to give the following to the Magistrate Court Officer:-

(a) Form 199 (Statement of Defence/Counterclaim); and

(b) Filing fee of RM24/-.

Thereafter the Plaintiff may then defend against the Defendant’s counterclaim. The Plaintiff would need to give the following to the Magistrate Court Officer:-

(a) Form 200 (Defence to Counterclaim); and

(b) Filing fee of RM4/-.

4.3.2. The Magistrate Court will then set a hearing date. Both parties should attend the hearing otherwise, judgment will be entered against the absenting party.

4.3.3. At the hearing date, please bring any documents and materials that would support your case as the Magistrate may request for further information, documents and materials. Examples of documents and materials that would assist you would be telephone messages, contracts, receipts, et cetera.

4.3.4. The Magistrate Court will provide opportunity to both parties to settle their cases. If both parties are not willing or unable to reach a settlement, the Magistrate Court will pass judgment after hearing the cases of both parties.


4.4 Does nothing.

4.4.1. The Magistrate Court may then either:

(a) Grant judgment to the Plaintiff. The judgment will be in a Form 201 (Judgment for Plaintiff Where Defendant Did Not File Statement of Defence); or

(b) Postpone the hearing date to enable the Defendant additional time to file his/her Form 199 (Statement of Defence/Counterclaim).


4.5 Contacts the Plaintiff to settle.

If the Plaintiff agrees to settle out of court, the Plaintiff may withdraw his/her case. It would be advantageous that the settlement is put into writing. The Plaintiff should send a letter to withdraw accompanied with a copy of the settlement to the Magistrate Court.

Enforcing the Judgment

In the event the Magistrate Court grants judgment in favour of the Plaintiff, the Defendant would have to pay the sum stipulated in the judgment. The sum stipulated in the judgment may be the full amount claimed by the Plaintiff or the amount decided just by the Magistrate (note: in any event, the limit is RM5,000/-).

In the event the Defendant fails to pay the Plaintiff the amount stipulated in the judgment (i.e. the Defendant failed to adhere to the judgment of the Magistrate Court), the Plaintiff may proceed to enforce his/her judgment.

The process of enforcing a judgment is as follows:-

1. The Plaintiff should go to the nearest Magistrate Court. See the Magistrate Court Officer and request for Form 208 (Notice To Judgment Debtor To Show Cause In The Magistrates’ Court).

2. The Plaintiff should complete the Form 208 (Notice To Judgment Debtor To Show Cause In The Magistrates’ Court) and file it to the Magistrate Court.

3. The Magistrate Court will set a hearing date.

4. The Defendant will either have to:-

4.1. Adhere to the judgment within 10 days from the date the Form 208 (Notice To Judgment Debtor To Show Cause In The Magistrates’ Court). In this case, the Defendant does not need to attend to the Magistrate Court at the hearing date; or

4.2. If he/she does not adhere to the judgment within 10 days from the date the Form 208 (Notice To Judgment Debtor To Show Cause In The Magistrates’ Court) was served to him/her, the Defendant has to attend to the Magistrate Court at the hearing date to show reasons why he/she has not paid (also known as show cause).

5. After hearing the Defendant’s show cause, the Magistrate Court may either:-

5.1. provide the Defendant with additional time to adhere to the judgment such as allowing payment by installments; or

5.2. order a Writ Of Seizure And Sale. Briefly, a Writ Of Seizure And Sale means that a Bailiff will assess the Defendant’s possessions, seize the necessary and auction it off. The proceeds of the auction will be used to offset the judgment sum.

6. Please note that Magistrate Court may issue a warrant of arrest if the Defendant failed to attend to the Magistrate Court at the hearing date.

© 2014 TwistedInsanity

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