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What is ‘small claim procedure’?

1. Small Claim Procedure is where an individual (not agent or company or person holding power attorney or etc) wants to claim from someone else (debt) using court procedure, i.e. suing in court of law.
2. The total amount of claim must not exceeding RM5,000
3. The claim must be made through summons in Magistrate Court
4. No lawyer can get involve in this small claim proceeding , everything is done by the plaintiff himself with the guidance of court (staff).
5. To illustrate, if B owes A RM 5,000 and B refuses to pay, A can sue B in Magistrate court under this ‘small claim’ procedure.

How to initiate this small claim procedure?

1. Small Claim Procedure is governed and provided under Order 54 of Subordinate Court Rules, 1980.
2. Go to court (registration office) and ask for Form 198 (remember it is FREE) or you can download it here, and start fill in the form (type it nicely)
3. Rename KUALA LUMPUR and WILAYAH PERSEKUTUAN in the header to your local court location
4. Prepare in 4 copies (at least, you may want to prepare more for ‘spare’)
5. In the form indicate clearly, the amount of claim (not exceeding RM5,000-00) and other details of your claim
6. Once finished, sign the form yourself
7. File the form in court (at the registration counters) and pay a small amount of court fee (RM20).
8. Once you got a seal copy from court, go and serve the form to your ‘defendant’
9. You may serve by yourself (by hand) or by AR registered post

So what’s next?

1. Once the defendant receives your claim, he may defend himself or just admit the claim
2. Assume that defendant defend himself and deny your claim, now the defendant should file his defend in form 199 explaining why he denies the claim
3. If the defendant fails to file his defence, the court may give judgement for you! On the first or next mention date (the date stated in the form for parties to attend court)
4. If the defendant chooses not to attend at all the proceeding, the court may also give judgement for you.
5. Now, say for example you got a stubborn defendant who wants to fight your case, don’t worry, because the judge will guide you and defendant through out the proceeding collecting all relevant facts and evidences.
6. The court then will decide and give judgement after the proceeding.

Some Important Info

1. Filing must be done at magistrate court within the same district / state as the defendant address. Example, if the defendant is located at Putrajaya then small claim must be filed at Putrajaya small claim court and not in any other states such as Selangor or WPKL