Small Claim Court: Do-It-Yourself (DIY)

Salam,

Last post I have explained on how simple it would be to claim 'dishonored' cheque from the drawer in court. And now, in this post I am going to show you another simple claim that everybody can do by themselves. It is normally called 'Small Claim Procedure'. So make it easier to understand, let me put it in point form.

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, 000-00
  3. The claim must be made through summons in Magistrate Court
  4. No lawyer can get involve in this small claim proceeding … (that's bad for me…hehehe), everything is done by the plaintiff himself (person who is suing) with the guidance of court (staff).
  5. To illustrate, if B owes A RM 5, 000-00 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 164 (remember it is FREE), and start fill in the form (preferably type it nicely)
  3. Prepare in 4 copies (at least, you may want to prepare more for 'spare')
  4. In the form indicate clearly, the amount of claim (nor exceeding RM5,000-00) and other details of your claim
  5. Once finished, sign the form yourself
  6. File the form in court (at the registration counters) and pay a small amount of court fee.
  7. Once you got a seal copy from court, go and serve the form to your 'defendant'
  8. You may serve by yourself (by hand) or by prepaid registered post

So what's next?

  1. Once the defendant receives your claim, he may defense himself or just admit the claim
  2. Assume that defendant defenses himself and deny your claim, now the defendant should file his defense in form 165 explaining why he denies the claim
  3. If the defendant fails to file his defense, the court may give judgment 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 judgment 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 judgment after the proceeding.

Isn't it simple? The most important yu save a lot of time and money (paying lawyers…. L sob sob)

Good luck.

Regards,

Kamarul Irzuan, Advocate & Solicitor, High Court of Malaya, Malaysia.

Comments

  1. I see..... Macam tu rupanya... Info yang bagus.

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  2. May i know where (address) to get the form 164 and where to file it?
    I stay in Puchong. Thank you very much.

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  3. you can get the form from any court registry office anywhere in Malaysia (at the court building/complex itself)

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    Replies
    1. I am trying to resolve an issue with the agent of Rental Management Scheme in Malaysia. I am owed about RM 6500 in accrued rent. Repeated attempts to collect the money have failed. Can I still file with small claims court?

      Delete
  4. I m so happy to read wht you ve written here! At least, tis how it feel, a ray of hope and justification may just be possible. My situation is. I ve recently obtained an Indonesian maid from a maid agency in KL. I was recommended a maid and I decided to accept the recommendation. Unfortuanately when the maid arrived, she appeared to be older than her age in the biodata and passport age 36. After taking her home i and further conversation i found out she is at least 48 years old. Furthermore she was almost totally incompetent at work. Besides being very slow at work due to aches and pain in her legs, she is a very slow learner and also very forgetful. When I attemoted to highlight the problems with the agency, the agency denied it was their responsibilities to ascertain their real age and the capability in carryiny out their work.
    If i m unhappy with this maid i will first need to return her and go without maid plus paying an additional RM 1875 for a replacement which may take up to 3 months ( no guarantee ). I ve initially paid an agency fees of RM 4300 plus RM 3575 of advanced salary for the ist maid.
    Are we as employers not entired any refund when a maid delivered is found to be incapable to work for a valid reason ? Do i ve acse if i should decide to file against the agency in the small claim court ? In this case I as employer and the maid are the victims. As for the agency it seems to be always win win situation.
    THank you for your thought. Mrs T

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  5. i am very much sorry your case, which i think it is not fair for the agency to ask for additional money, isn't it a normal practice that if the employer doesn't happy with the maid he may change/substitute the maid within 3 months? though i think that the small claim court may be possible for you to start your battle against the agency but a proper consultantation of a solicitor might be good to get all things done..

    it may to the extend of asking for possitive injunction for the agent to substitute the maid..in which the small claim court is not competent to do..

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  6. What you wrote is very informative. Thank you for sharing it. I was wondering if I could use the above procedure to make a claim for my house rental not being paid by my tenant for the past 4 1/2 months.

    Initially the tenant was on a 1 plus 1 contract. The same ended September last year and I did not wish to enter into another. I officially gave him a letter informing that tenancy will be on a month to month basis (as the house is up for sale). That's when the whole problem started. He gave me 3 post dated cheques for the arrears. Unfortunately all 3 was not honoured - reason payment stopped.

    I gave him notice to vacate by the end of last year but he refused to do so. It's quite frustrating that I have to fork out the monthly mortgage with them staying free of charge. What shall I do?

    Many thanks - CMK

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  7. What you wrote is very informative. Thank you for sharing it.

    I was wondering if I could use the above procedure to make a claim against my tenant who has not paid me rental for 4 1/2 months. He was initially on a 1 plus 1 contract which came to an end in September last year. I notified him via letter that his tenancy will be on a month to month basis as I wish to put up the house for sale. That's when the problem started. He gave me 3 post dated cheques which was not honoured - reason being "payment stopped". Every phone call would be some pathetic story laced with empty promises. Finally I gave him a notice to vacate by the end of last year which of course he refused to do so. I so am frustrated as I have to fork out the monthly mortgage and having these people staying for free.

    Greatly appreciate your feedback.

    Many Thanks - CMK

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  8. i wanna ask u a favor.. do u have sample of cases/ decided cases been brought to small claim court? i need it for my assignment..

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  9. hi CMK,

    as i mentioned earlier, small claim court proceedure only for claimable amount less then rm5000. so if your overdue rental is less then that you may go under the proceedure.

    However, if you are looking for an order for eviction and calaiming overdue rental at the same time, i think you should go under normal proceedure..namely get the order for eviction and claim damages..mesne profit and so on..

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  10. as for the 'help me' commentor, you know my rule..i don't help student to do assignment here in this blog..thank you anyway for visiting

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  11. i want my money back!April 1, 2009 at 9:50 AM

    can i claim to small claim court regarding my prob..

    thinking to have a flawless skin before goin to a besday party, i went to a beauty n spa salon at "x".. i went for a package of facial treatment.. well after having undergone the package, my face was covered with pimples!

    i thougt it was somtin i ate, but my doc said that the pimples caused by "bad" facial treatment(usage of steroid perhaps)

    i went to the spa n demanded for refund, rm3500, but the spa refuse to do so.. they said that maybe my skin is too sensitive and cannt put the blame on them..im not satisfied, i want my money back!!

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  12. so.. any case can be brought to small claim court? as long as the amount of claim is within rm5000.. no other conditions?

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  13. there is no other specific condition under order 54 of the Subordinate Court Rule 1980. For alternative reading you may also read here: http://www.lawyerment.com.my/library/doc/litg/smcl/

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  14. However, the law is as always inter-related, one proceedure rule may be subject to other laws, for example even if the Small Claim Court doesn't specify that only an invidual may use this facility (in other words, a company may also use it), but company Acts restrict a company from representing themself in court.

    in short, these facility is provided under set of general proceedure still and always subject to any other related laws or Acts

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    Replies
    1. dear Kamarul.
      well done! good job! so informative....


      Notice to Quit & Deliver Vacant Possesion must be serve within 7 dayas from the date hereof or 30 days.
      I confused becos some said 30days but other said 7 days or is it different of breaches of tenancy agreement?

      In the small court claim, can plaintif or defenden bring along the witness to testify

      Delete
  15. prepared in 4 copies ? can it be phtotostat copy ? or need 4 original copies ?
    Thanks

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  16. 4 original copies..anyway, nowadays if if you print 4 sets of document..every set looks original.. :)

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  17. if i don't know the address of the defendant, what options do i have?

    can i put his office address instead?

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  18. thanks for the info..
    u just do me a big favor with my adr test..

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  19. Hi Kamarul Irzuan,

    Thanks for useful sharing.

    Q1.Is the defendant acceptance or return receipt of summon is required to proceed for the case.

    Q2.Suppose we send the summon to company/house address n defendant doesn't accept or doesn't sign to the resister post then also can the case will move forward.

    Plz suggest.Thanks

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  20. Hi Kamarul..I just found below matter from one of ur blogs.

    Summons & serving summons:
    If the plaintiff fails to serve on you the seal copy of the summons, the plaintiff may have to apply to court for an order of substitute service for example the court normally order advertising the summons in local newspaper and/or posting the summons at a clear visible area of last known defendant's address. Upon fulfilling all these order by the court, the summons then is deem served onto defendant.

    So is this the complete answer to my questions.Plz confirm.thanks

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  21. Thanks, Irzuan. I feel empowered by your info! However, i still have a little question! I am an illustrator, I illustrate for magazines. www.tiongchupoh.com I know what to do now if a local magazine doesnt pay me. But what about an overseas magazine in the United States or UK refuse to make payments and ignoring my emails. Do i need to fly all the way to the small claim court in their country, or can I do it through the embassies, or can i find an representative there to attend the court on my behalf? If i put the governing law in the contract is in malaysia, would it work internationally?

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  22. I just sent you an email...
    You have very informative topics here.
    Thanks so much!

    Draco.

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  23. Encik Kamarul,
    I signed up for a spa package costing me RM999 for 10 treatments. After just 2 treatments, the company closed down. They are offering me compensation in terms of products. But I have never heard of the brand they are offering me and cannot validate the value of the products. I prefer to get a cash refund.

    Can I submit my case to the small claims tribunal? Is there an easier less troublesome way to settle this?

    Thanks in advance for your advice.

    Maz

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  24. Hi there

    I've got a situation here where my little sister has been cheated of RM400 online. She's operating an online blog business and apparently she sent out the items first BEFORE receiving payment (why I really do not know) Anyway, I would like to know how I can pursue this matter? As She's in KL and she sent out the items to Penang.
    Any advise would very much be appreciated.

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  25. Hello from overseas! I want to file a small claim ($1000) against a Malaysian citizen. Is it permissable for a non-citizen to file Form 164? And I presume I need to do this in person? Or can I appoint a personal representative (non-lawyer?)
    Thanks!
    Hanan

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  26. HI there, this is a great blog. Thanks for it.

    I have few questions regarding the evidence type in the small claim court.

    As you know, nowadays many peoples work at home and they use msn or skype to communicate...

    Is it the chatting record can be the evidence? And it is refer to what act? Is it got any cases that refuse to use the internet communication tools?

    Thanks for your help.

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  27. Dear Kamarul Irzuan, first of all wanna say "Thank you!" you help people to come out from their bad situations..
    I also have one. I am a foreigner and was visiting Malaysia for 1,5 month.
    I paid full rent for 1 month and the same amount for security deposit at the beginning. After 1 month my staying there, the owner returned to me only the part of my security deposit stating that 500 rm gone for electricity n water bill. I surprised that locals pay only about 100 rm a month and I've paid 500 rm!
    I went to Tennaga National Berhad and people there explained me that 352 rm was previous outstanding balance for this owner + 200 rm for the month I stayed there. So it means I should pay only 148 rm. The owner refused me.
    I went to police and made a report, they said I should appeal to the court because it small case (not criminal!) for them. The report in my hands now.
    So, the problem is I am flying within 3 days back to Europe. What you suggest me to do; apply to the court now and have all papers with me or I can apply in the next my visit to Malaysia? If I apply later (6 months), can court refuse my appeal of being old case and they'll ask me why I haven't applied before?
    Thank you in advance for your reply!
    with best wishes in your job,
    Alex.

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  28. Hi En. Kamarul,

    I has buy a low cost flat, I've receive the S&P agreement, bank loan & make all the lawyer fees ($2,000++) & bank insurance premium ($700++ x 2 years) , but after 14th months the lawyer firm call up & inform me that the flat can not sale for the first 10 years. Now I only able to get back the down payment, the lawyer fees & insurance premium that I've pay is not refundable. I feel cheated by the lawyer & real estate agent, coz before I pay the second year insurance premium, I've call the lawyer & agent to ask the status & they told me no problem .

    My friend told me that the amount is too small to claims if I aoppoint a lawyer will cost more than what I claims .

    Can I bring this to the small courts ? Can I claims the lawyer firm to refund/compensive the lawyer fees & the bank insurance premium ?

    Thanks in advance for your advice.

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  29. Your information is interesting for first time users, but for people like me who have heard and seen enough about bureaucratic failures of court works, your information is worth nothing in reality and practice. The guilty party always default by ignoring the court system. The system does not have people to follow up for the Plaintiff to resolve the problems to satisfaction and happy conclusions. It is all round frustration and waste of time if one does not have the time to pursue dishonest business and people who ignore court orders and don’t pay up. Worse still they continue the selfish greedy cheating games of business practices to give Malaysia a bad image and bad name dishonoring the country.

    Judging from the comment you have gathered here, can you see the variety of people get hurt daily by unscrupulous dishonest practices are enormously numerous includes those have not shared or read the information here.

    If you cared about the future of Malaysia economy, you must try your utmost to initiate and pioneer a system which works with powers and authorities of government to make bad business pay or power to close them down their activities to prevent more injuries and losses in order to improve and eradicate current devious and deceitful ways of Malaysia economy.

    We need a system that solves those problems I mention and much more to do with dishonesty and bad product and services government should be concern to do something about this growing problems caused by the dishonesty of greedy and ignorant budsiness community.

    If you did not think and produce system to prevent recalcitrant cheat, our country will be a place people fear to trust and hate being cheated by Malaysians and the government should not be ignorant and complacent about unethical, greedy, corrupted and dishonest business practices.

    The information you give is interesting in theory but it is worthless in practice when irresponsible and ignorant people love money and do not care or do not fear punishments of God, demon, satan and silent, secret and selfish sins of many variety produced by people love and worship money ignorantly deceived by satan and demon.

    People are working and aiming for money dishonestly because they are deceived to think that money can solve many problems which is very untrue and very wrong perception of evil mankind produced by business methods, modernity and manetarism.

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  30. Thanks for explaining. It is a case of someone refusing to return rental deposits. I have a bank receipt for the deposit, but it does not state what it was used for. Neither do I have a contract between the head tenant and myself. Is this case hopeless?

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  31. If i lend money to a friend of mine, how can i make the whole process legally formal just in case he dont pay and i have to bring it to the small claim court. What is the valid document needed?

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  32. I was working in this company from 2007 - 2009. In 2007 & 2008, the management withhold part of our bonus said they will release that portion (0.5 months) when we pass our company's internal audit. But the audit was deferred and i left the company in Nov 2009 before they paid the bonus which is in Dec 2009.

    I was thinking, since i had performed my work for 2007 & 2008 which helped towards the completion of the audit, shouldn't i be entitled to my portion although i had left before the payout? It was not my fault the 2007 & 2008 audit was being deferred to 2009.

    I called up my manager and ask but he said that because i had left, i am not entitled to the bonus.

    Do you think i have a case here for small claims or will i just be wasting my time?

    Appreciate your advice. Thanks!

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  33. Hai sir... I would like to know whether i can sue someone who is disturbing me. Actually i knew this person (my ex-bf), but i cant prove it because he is using a private number and have been calling me for months. he also had used vulgar words to me during phone conversations and also threatened me that he would gang rape. What can i do to his legally? I desperately need some advice b'coz this thing really affecting my daily life.

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  34. Hi, i guest your question about suing someone is more for disturbing your is not appropriate to be carry out under the small claim process. But I would suggest you to lodge a police report then bring a copy of the report to your telco and investigate the details of the caller. After you have got all information needed bring it again to the police referring the same report or just lodge another report.

    As for civil action, you may get restriction or injunction order against the person. But that might be too much for now.

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  35. hi,first thank you so much for your advice.

    in regard to your question, when my ex-company pays the bonus, the management sent out an email to the employees explaining on the extra bonus month.

    the company argument was that i was no longer with the firm during the payout period, therefore i can't have my share :(

    below is an extract of the email (sorry.. had to delete some part)

    "Further to the note issued by xxx, I’m pleased to announce that we will be releasing the following bonus payments together with your Dec 2009 salary :-

    · 0.30 month of bonus for the 2007 xxx that was held back subject to the xxx passing xxx Phase 2 audit. This is payable to xxx employees only @ Dec 2007 from whom the bonus was withheld...."

    Thanks

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  36. hi, we receive " pemberitahuan kes saman ke mahkamah" with letterhead from jabatan penguatkuasaan dan keselamatan majlis bandaran petaling jaya (mbpj) - traffic offense.
    How best to go about. appreciate it. Thanks a lot really

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  37. hi, i want to make a claim for refund of deposit. My son stayed on campus accommodation. Not satisfied with the accommodation, i took my son off. The company running the accommodation refuses to give me a refund. Can i, as a parent, make a claim on behalf of my son, to the small claims court? or must my son make the claim. My son just turned 19 this august 2010.
    Thank you

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  38. Hi Mr. Kamarul thank you for the post you shared in here. I have a question to ask and need your help.Recently i just began on 15 august 2010 my business at one of the shopping mall in kuala lumpur. I am renting the premise Rm5K and paid the 2months security deposity. Landlord's lawyer prepared the tenancy agreement before the date of 15august unfortunately I havent receive my tenancy agreement up until today as he always delay it. During the began I found my rental premise has air conditioner faulty which is no ventilation in the shop. I made a phone call to Landlord for the complaint as he is responsible to maintain the premises. Before I rang him I have had made this complain to the shopping mall managment on the began date and the following date as well.Few of the maintanances came to my rental premise to double check the air conditioner. They told me these air conditioner is no longer working even though it is centralise and they couldnt do anything. They asked me to check with Landlord's contractor.On 18th August 2010 I spoke to Landlord and his lawyer. Both of them try to get out from being responsible for the air conditioner faulty. The lawyer asked me to call the broker to solve my problem. Again happen to me!All of them push me here and there. I felt disappointed and confused of my problem. My friend gave me an opinion to report my case to tribunal. I made a call to 1800886800 to file my report on 19 August 2010. There was a mistake during the report as the address is incorrect and they send the report to wrong area tribunal in PJ. At the end I settle the incorrect address to a correct address after many calls to Tribunal in PJ and the call center for holding my case more than 10days. Do you know what? At last my report reached to KL branch on the date they cancelled it because my case is involving business to business. Right now i m dying to find a solution to terminate the tenancy agreement. For you information the tenancy agreement is registered under my name not the company name.The landlord doesn't want to responsible to my rental premise. He asked me to accept whatever it is in the shop.Plase assist me in resolving my problem.Who should i go to report and what can i do to get back the security deposit. Everyday i m facing the none ventilation shop. Another things is I m unable to hire a Lawyer as my money already finished in open this bussiness.

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  39. Hallo En Kamarul
    I have an ex colleague who is a very close friend of my husband and me. He used to come and visit us before he resigned and joined another company. In this company he is entitled to ESOS benefit.About 3 years ago he called us to take part under his name as he has not enough cash. He said he will sell off the ESOS one month later and will return the amount to us plus 20%. We trusted him being a close friend and my husband banked in cash RM5000.00 thru Maybank and I transferred my RM5000.00 from my Maybank account to him after a week later. He gave me his Maybank account no. thru SMS.

    After one month he said he sold the ESOS and SMS to us that he will pay us back RM12000.00 all together. Since then we could not be able to contact him. We called and SMS him but no more reply. I even called his company but his staff said he had resigned long ago and up to now I do not hear from him.

    En Khairul can you pls help as how to claim back the money from that dishonest conman. We only want back our RM5000.00 each and not bother with the 20%.

    Thank you

    OGE

    6 Sept 2010

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  40. Dear En Kamarul Irzuan
    My place of abode is at the 2nd floor of a 3 storey shophouse since Aug 1986. I have been paying my TNB electricity bill at the commercial rate/tariff ever since 1986 Aug without realising that until this early July 2010. I filed a claim with the Consumer Tribunal asking TNB to give me a rebate for the differential(I estimated it at RM25,000/- for the past 24 years) between the domestic rate and the commercial rate for the last 24 years.My claim was thrown out because the Tribunal claimed that it had no jurisdiction to hear the case. TNB in its statement of defence stated that pursuant to Regulation 11(5) Licensee Supply Regulations 1990 they were only liable to give me a retrospective adjustment of 3 months from July 2010.But what about the period of 1986 to 1990 before the passing of the 1990 Regulations? The President of the Tribunal Court said I may bring my case to the Magistrate Court.I need your advice before deciding whether to bring the case to the Small Claims Court or the Magistrate Court. Thanks and best regards

    From
    Quek Boon Kim 21/09/2010.

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  41. Hi Kamarul,
    My case is against the laundry man. They spoiled two ties of mine one $150.00 and the other worth $250.00, they were bought overseas a year back. I'm not trying to get the full compensation for them that is obviously ridiculous, but at least something reasonable. And the guy offered to pay me RM30.00 after agreeing to a hundred. And I was willing to take the hundred in good faith. Do you think a have a case in the small claims court?

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  42. Hai ano, i think it is more practical to lodge a complaint at consumer tribunal

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  43. Hi Kamarul,

    My Landlord refused to refund me back the rental and security deposit after the handover of the apartment. He is trying to give all sorts of reasons like rental not updated (which I have proved the bankin), etc.

    In this case, what can I do to recover the deposit?

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  44. When the magistrates court can trial more than RM25,000-0 why the Small claim procedure still remained RM5,000-00

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  45. I m a partner of a partnership. Can I use the small claims court to recover the long outstanding debts and are the produre the same?

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  46. I have borrow money to an x business partner 3 yrs ago Rm15000. He has sign a agreement stating the money borrowed and would pay in 1 yrs time. But half way through the payment he has stop paying. We are no longer in talking terms. Where should file my claims?

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  47. A company agreed to refund my money RM8180 in 6 months time. After 6 months the company kept delay to return my money. Can i file my claim in small claim court or i have to get a lawyer ?

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  48. Dear Kamarul Irzuan
    I was attacked by someone's dog while i was having my moring walk in the housing area.
    I want to make claim to the dog owner not only on medical fees but also the pain am suffering.
    can i make such claim? If the dog owner refuse to pay the said claim, can I file this claim under this court?

    Please advise ASAP, thank you.

    From
    Ms Walk...26 November 2010..3.30pm

    ReplyDelete
  49. Dear Sir

    I would like to enquire regarding my recent experience with a new lawyer which I recently asked to handle in drawing up a Power Attorney and also MOT to house property documents.

    What puzzled is I received a bill of RM 1785 with a summary details as below and when I asked for a breakdown of RM 1785 I was given another bill for RM 1929. Can you please advise me how should I handle this situation and the sudden increase service cost.

    Enclose below is the reply for the first cost and 1nd costing, hope to get advice or please do memail me if you like to enquire more, thanks.

    Please, please, please do advise me what to do, as I am quiet confused here that the fees is high.

    Your hopefully, thanks.


    1) 1st bill - RM 1785
    "Our Professional charges upon instructions ..... RM 1,700.00
    5% Goverment Tax - RM 85.00


    2) 2nd bill (upon requesting a breakdwn of RM1785) I am now charged RM 1929

    "I have itemized my bill which did require our time to prepare a detailed bill. As such, I cant calculate for you on the discounted rate which i based on a global amount and prepared the invoice.

    Since we have open our bill as itemized and invoiced it, our fees is at RM1929-00."

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  50. Tuan Kamarul,

    I have been summoned by Ambank (M) Bhd for RM3200.00 at Magistrate Court. No lawyer represent me. I have dispute their claims and as a result, I have attended Further Mention (coz it has been adjourned twice) and next month there will be Application for Summary Judgement.

    Can I strike out their application to be heard in Magistrate Court since the amount claimed and disputed by me in even not more than RM4000?

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  51. Dear En Kamarul Irzuan

    Thank you for providing free consultation on legal matters.

    I would like to seek help for my case.
    I was recommended by this man who said he could get government grant from SMIDEC for business start up and A&P. I have paid for incorporation of a Sdn Bhd solely for the purpose of this grant application, and have paid him RM5000 being Processing & Documentation fee, which according to him is refundable.

    It has been over 18 months which I have not heard a word from him and he has not been responding to my phone calls.

    I would like to file a claim to recover my RM5000 paid.

    Thank you.
    Carmen

    ReplyDelete
  52. C@G:
    Your case works in two folds.

    First, it is highly advisable for you to lodge a police report at the police station as the act of the so call man who can get the grant is cheating and it is an offence under section 420 of the Penal Code.

    Secondly, if you have the the particulars of that person such as his known address, place of bussiness and his IC number, u can proceed with the small court claim.

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  53. Dear Barista

    I sure am going to lodge a police report like you said.

    Please help advise how do I proceed with small court claim ? I cant do it as individual claim since my payment has been done through a Sdn Bhd.

    Thanks!
    Carmne

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  54. Does it means that the money have been paid by yourself as a Sdn Bhd company, or the money have been received by the said man as a sdn bhd company?

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  55. Hi Barista

    I paid through a Sdn Bhd to Business Maestro Sdn Bhd.

    Carmen

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  56. Hi Kamarul Irzuan,

    I've paid a deposit money on home buying trade and half way thru with all sub-sales documents have done suddently the vendor called off the deal than refuse to pay me back the deposit. What shall I do?

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  57. am a foreigner in malaysia, and i would like to open a small salon, what should i do before opening the salon? Thank you

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  58. Dear En Kamarul Irzuan

    Thank you for providing free consultation on legal matters.

    I would like to know...can i claim back from my previous tenant my house water bill money..use until RM 1800..but never pay the money..thanks

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  59. dear sir, i would like to enquiry that my house disturb by neigbor continuously runnig noisy sewing mechine around 10am to 9pm plus.this make me and family Cannot watch the television and reading...Affects the daily life.. Creates the direct mental anguish and the air pollution...can i Takes the law action? or any Government department can take action?.Thanks and best regards!!

    ReplyDelete
  60. dear anonymous, you can take action against the neighbour under the tort of nuisance. u can lodge a complaint to the jabatan alam sekitar but it depends on the seriousness of the nuisance

    Khairul Aiman
    Messrs Irzuan

    ReplyDelete
  61. Dear En Kamarul Irzuan

    i am currently doing MLM business and one of my downline has taken goods delivery without paying. after negotiation she agrees to pay in installment and a simple agreement has been sign by both of us agreeing on this matters together with the amount own of RM 3000. till now she still has not been paying promptly, can i take this to the small claim court

    ReplyDelete
  62. Dear Anonymous,

    Yes, you can file a claim about the subject matter.

    ReplyDelete
  63. Dear En Kamarul Irzuan

    Thank you for providing free consultation on legal matters.

    I had a maid who sick and cannot work anymore. After consideration of her sickness and her bad record of stealling (made police report) and incompetence, we finally decided to sent her back after 7 months she work with us. We did report to the agency regarding her sickness in the 5th month. for her incompetence, we did bring her back to the agency for counseling in the 2nd month. Stealling is happend after the 3 months guaranteed period.
    I was paying RM4600 agent fee + Maid advance salary for this maid. May I know is there a chance to get a replacement maid or compensation of RM2300 from the agency through a small claim court?

    ReplyDelete
  64. Hi Anonymous,

    1.
    If you are claiming for the replacement of the maid, the small claim court dont have the jurisdiction to do so.

    2.
    But if you are claiming dor the compensation of RM2300, the small claim court have the jurisdiction to do so.

    Sincerely

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  65. Dear Mr Khairul,

    Refer to the post on June 2, the sickness maid.

    Thanks for your promtly reply.

    In your opinions, if I claiming the compensation of RM2300, my chances of winning this case high or low? I had signed the agreement with the agency when I employed the maid.

    Thanks.

    ReplyDelete
  66. Dear Anonymous,

    1.
    Based on the facts presented, I can say that you have a good case against the agency.

    2.
    However, u need to be aware as to the type of the agency, (i.e: whether the agency is a partnership or a company). If the agency is a company, the law allows the company to be represented by a lawyer and once the agency is represented by a lawyer, the tendency of you being bullied by the lawyer during the small court claim is higher.

    3.
    However, assuming that the agency is a partnership, in which no lawyer is allowed to represent them, I believe that you will be having a good case against them

    Sincerely
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  67. Hi En Kamarul

    I thought I have responded to this one but did not see any posting - I have paid the conman from a sdn bhd to his sdn bhd company. How shall I proceed to recover my rm5K?

    Thanks.
    C@G

    Blogger C@G said...

    Dear Barista

    I sure am going to lodge a police report like you said.

    Please help advise how do I proceed with small court claim ? I cant do it as individual claim since my payment has been done through a Sdn Bhd.

    Thanks!
    Carmne

    March 8, 2011 12:41 PM
    Blogger barista said...

    Does it means that the money have been paid by yourself as a Sdn Bhd company, or the money have been received by the said man as a sdn bhd company?

    March 8, 2011 12:48 PM

    ReplyDelete
  68. Hi i would like to ask that isit possible to get the claim from my apartment management as i got my car broken due to the apartment roof dropped on it..the management said they r nt responsible for what happen..plus nw my insurance cant be claimed as it is due to natural disaster...please guide me on this...i need help urgently,,my windscreen is broken,,my roof has a hole ,bonnet got a slight hold n dended...

    ReplyDelete
  69. Dear Bee,

    Yes, u can claim from the management for the damage. but the court will first determine whether the damage of the roof is attributed to the negligence of the management or you are willingly parked at the said parking eventough you are aware that the roof will fall down at any time.

    ReplyDelete
  70. Hi, I would like to know if I can claim against Maxis. I was approached by Maxis agent at the Mall in Oct last year saying that that day is the last day to sign up for the Maxis broadband package and as I am a Maxis customer, I can subscribe to the no contract package at RM48per month. The agent collected RM100 from me for connection fee and gave me the thumb drive like modem. A few days later, it was activated. We were using it happily until the bill appear on my Maxis statement with a charge of RM68. Upon calling Maxis customer service, a refund of RM60 was reflected on my statement the following month. The RM68 charge is still reflected in my statement and every 3 months, whenever I called and argued that the package that I signed up with the agent is RM48, they will give me the RM60 rebate - 3 times already so far. Last 2 months bill again showed RM68 and I have been told since my hp no. was from Timecel, I am not entitled for the RM48 package. My point of view is that had the agent told me up front that I am not entitled to the RM48 package as I am a timecel customer, I wouldn't have signed up. I felt conned into signing up for something which did not materialise. Now MAxis refused to make further refund and when I asked for a refund on my connection fee, they have also rejected the idea. I would like to know if I can make a claim through the small claim tribunal in my case.

    ReplyDelete
  71. Dear Anonymous,

    I have a suggestion to your problem. Instead of being burden with the same problem every month, why dont you simply terminate the broadband service.

    The reason is simple, because:

    first the package is a no contract package which means, u can terminate it at anytime.

    second, Maxis, being a big company will not afraid with the small court claim since the matter disputes is small (RM100)

    Furthermore, Maxis, being a company will definitely engage a lawyer just for the sake of denying you claim.

    My point here is that all your hard work and sweat will not work against this giant company.

    However, what you can do is:
    i) lodge a complaint to the Suruhanjaya Komunikasi, or
    ii) lodge a complaint to the Tribunal Pengguna

    ReplyDelete
  72. Thks for the advice. My point of view is if my complaint has no basis, why did they rebate RM60 3 times consecutively since Nov'10? Surely, there is truth in my claim. ok. will terminate as my usage does not justify the amount even at RM48 and lodge complaints at both the sites suggested. Thks

    ReplyDelete
  73. Dear Mr Kamarul, how about claims more than rm 5,000?

    ReplyDelete
  74. Is that Form 164, as you mentioned In Step 2, being downloadable online? And, do you mind to list out the location of the registration office in K.L or other state else

    ReplyDelete
  75. I've a case, there's a house that i've rent in setapak which is under condo type with 1-year contract and 2.5month of deposit, and i've an agreement with the owner to have another half-year rent with no contract which we both agree to save the lawyer fee. After 5months, owner has asked us to move out so that he can use it in own purpose/sell it out. By the way, the owner hold back 1-month of my deposit with non-sense reason. He said, its charges including:
    1. Rubbish clearing fee
    2. weeding fee
    3. repainting fee
    4. 15-days rent (for emergency moving, owner've give us extra days)

    All the fees is uninformed and i've never been informed before it charged directly to the deposit. And, the charge is unpredictable high which is around rm2000.

    Since now i've not yet getting back my left deposit, what should i do? if i bring this case to Small Claim Court, it will only make me claim back the rm2000. In this possible, i've to wait until i get back the rest deposit. (?)
    In the 2nd statement, i claims back my 2.5months deposit which is around rm7000, and the case seems cannot be brought to the Small Claim Court.

    What should i do for the next steps? HELP, please.

    ReplyDelete
  76. Hai Kamarul,
    I have a recent case need to go through Small Claim Court, may I know if the judgement finally is go to the defendant, what is the charge or cost i need to bear?
    Is the judgement will be done / finalized in the same day when processing the suing?

    ReplyDelete
  77. Anonymous, if the claim exceed RM5000, you have to file it by way of writ of summons (normal court process)

    ReplyDelete
  78. Dear Studio - N (cool name by the way), you can download the form here:

    http://www.smokeball.com.my/free-form/350092/form-164-summons-in-the-magistrates%E2%80%99-court-(borang-164-saman-di-mahkamah-majistret-(prosedur-tuntutan-kecil))?download=True

    ReplyDelete
  79. Hai Anonymous June 20 2011

    1.
    Usually the cost will be borne by the party who lose the case. So if the judgment was made favoring the Defendant, you as the Plaintiff need to pay the cost to the Defendant.

    2.
    Pursuant to Order 54 rule 15(1) of the Subordinate Courts Rules 1980, the Court may in its discretion award costs not exceeding RM$100.00 to any one party.

    3.
    If the matter is simple and straight forward, the Court will decide it immediately. But if the issues are complex, the Court will require more time to settle the matters


    Sincerely,
    Khairul Aiman
    Messrs Irzuan

    ReplyDelete
  80. Studio N,

    The above written article is very clear.
    You can claim against the landlord for the deposit. Bring in with you the rent agreement, and the Court will decide base on that agreement as well as the explanation by the landlord.

    ReplyDelete
  81. Hi,

    I'm a bit confused on the part where only an individual can submit thier case to the small claims court. If that is so, then where do companies do it for small claims?

    Secondly, somewhere along the thread, you mentioned that there's no restrivtion for companies to file, but the Companies Act prohibits a company to represent itself in court, hence rendering the former irrelevant.

    WOuld appreciate if you can clarify.

    Thanks

    ReplyDelete
  82. If a company wants to proceed with small claim which is in my case is RM458.00..the issue is whether the company is entitle to legal representative and what is the authority to support them?

    ReplyDelete
  83. Salam En Kamarul Irzuan,

    Can I file this form (Form 164) at any magistrate court? Or do I have to file it at the state/city it happened?

    TQ

    ReplyDelete
  84. Dear ahezri,

    1.
    You need to file Form 164 at the Magistrate Court where the incident happen.

    2.
    Let say if you contracting with a party in Shah Alam, then Shah Alam Magistrate Court will be the proper court to file Form 164

    ReplyDelete
  85. Dear Anonymous,

    1.
    By virtue of Order 54 Rule 7 of the Subordinate Court Rules, no legal representative is allowed, except where the law requires the person to be represented by a legal representative.

    2.
    The provision of Companies Act which says that company cannot represent themselves in a court proceeding, hence they must be represented by a lawyer.

    Regards
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  86. Dear Messrs. Irzuan, En. Khairul Aiman

    Its about my husband work..
    This johnson n johnson company collaborate with this advertising company, 38 graphic with the photography promotion..
    and this advertising company engaged the photographer company, which now engaged part timer like my husband to work part time for them..
    Because my husband did not wear their uniform - tshirt on the last day, working promotion at jusco, equine park..
    then not soo sure which management complaint, the jusco management, now either johnson dont wanna pay the 38 graphic, and the 38 graphic put all the blame on my husband for not wearing uniform on the last day, (plus extra extra reason)..
    Now they dont wanna pay the photography company, and the photography company ask my husband, how now.... and expect my husband, to pay them back for their losses.

    No agreement signed between my husband and the photography company.
    and the photography company expect my husband to bear 50% of the losses of their total contract of 50k with the advertising company.

    Please advise.

    ReplyDelete
  87. Dear anonymous,

    1.
    What should 38 graphic do is to initiate a legal action against johnson n johnson for breach of contract. Not wearing a uniform should not be use as a mean to escape from their liability to fulfill the contract.

    2.
    Graphic 38 on the other hand, does not have any right to demand from your husband alone for the refusal of Johnson n Johnson to pay them the money.

    3.
    From this moment, you need to be very careful as there is a possibility for Graphic 38 to take a legal action against your husband. Eventough they dont have a good cause of action to sue your husband, we advise you to get a formal advise from a lawyer, in the event Graphic 38 initiate a legal action against your husband.

    4.
    For further inquiry, feel free to drop me an e-mail at khairul.aiman2@gmail.com

    Regards,
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  88. Dear Mr Khairul

    First of all my hats off to you and a big TERIMA KASIH for the free consultations that you have volunteered to all in this blog.

    I have a small request to get your opinion/advise:

    (a) My colleague completed a tenancy agreement (double storey terrace house) upon expiry of 2 years period on 30APR2011.
    (b) Monthly rental was never missed and paid till the last month ie. APR2011 before moving out/surrendering the keys to the landlord.
    (c) Subsequently, she requested for the refundable deposit of 2 months rent + utilities deposit of RM1k.
    (d) The landlord has given a list of deductions to be net off from the rental/utilities deposits.
    (e) What my colleague is disputing about the deductions are as follows:
    - Replacement of bulbs/lighting = RM510.00
    - Laundry/Cleaning services = RM220.00

    Question:
    i. Are there any points of law that states that a landlord can impose those charges (item e) if this is not laid down in the tenancy agreement?

    Lighting is normal wear and tear items and it is most unusual for the landlord to impose this.

    ii. What is the best way to convince the landlord to resolve this matter amicably without going the legal way?

    Thank you once again for your time and effort.

    Salam IMalaysia
    G E Ng

    ReplyDelete
  89. Dear G E Ng,

    There is no point of law on the imposement of those charges. The rationale is because the law uphold the freedom of contracting.

    Hence, the parties are free to negotiate and put in any term in the contract (subjected to its legality).

    So, in this case, you need to examine the tenancy agreement and see whether there is such a clause allowing the landlord to impose such condition.

    Even if there is such a clause, there is a need to go in further and look at the reasonableness of the claim.

    As per in your case, I would say that the amount of deduction pleaded is exorbitant and not reasonable at all.

    The best way to settle this matter amicably is by highlighting to him that he does not have the right to make such deduction (if the tenancy agreement does not have any clause of such effect) and insist on the return of such money.

    Regard

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  90. Salam,

    This company owe me more than RM10K of rental. So my questions are: -

    1. Can I file the summon twice? So that I can recover what they owe me.

    2. If cannot, can I file the summon for small claim now and later I take legal action thru higher court?

    tq

    ReplyDelete
  91. Salam saya nak failkan case pecah amanah staff saye.nilainya rm3000+,lporan polis telah di buat.Kejadian berlaku tahun 2009,perjanjian di buat untuk bayar balik tetapi beliau mungkir janji.Masih bolehkah di failkan pada small clim court?

    ReplyDelete
  92. Anonymous, awak boleh memfailkan tuntutan tersebut di Mahkamah Kecil.


    Yang Benar

    Khairul Aiman
    Tetuan. Irzuan

    ReplyDelete
  93. Dear ahezri,

    1.
    You cannot file the claim twice as the debt (RM10k) arises in one single transaction.

    2.
    As such, you should proceed by filling a normal claim in the Magistrate Court.

    Sincerely,
    Khairul Aiman

    Messrs. Irzuan

    ReplyDelete
  94. Is a very good organization to help people's who needs the hand of assistance. With these professional explaination most of us will understand what should we do.

    Well Done !!

    Sincerely,
    Michael Low Moon Tung
    Recruitment Services

    ReplyDelete
  95. Can a company be a plaintiff in small claims court? If yes, does it mean that a lawyer shall be appointed?

    ReplyDelete
  96. dear khairul,

    6. File the form in court (at the registration counters) and pay a small amount of court fee.

    question:

    How much is the small amount of court fee?

    from
    stan

    ReplyDelete
  97. Dear Mr. Khairul,

    Kudos to your sincerity and good graciousness for helping others!

    I have a question regarding a claim under this heading.

    Can the Plaintiff appoint a personal representative (non-lawyer/chambering student) to act accordingly on her behalf?

    I am assisting my friend who was involved in a car accident. He tricked her by promising to pay for her car repairs on condition for not lodging a police report. Damages are in the sum of RM700. Police report was also lodged a month after the collision.

    I am drafting a letter of demand for her along with the s.96 RTA notice for the insurers and lodging it under this claim. However, would be stopped from representing her at the mention? I am 5 months into my pupillage.

    Many Thanks & Regards,

    David Hii.

    ReplyDelete
  98. Hi Mr Khairul,

    I would hope to seek some advices from you.

    I have won my case in small claim court against defendant.

    However, it seems that the defendant / debtor refused to pay the judgment.

    With the submission of form 174 to the court, he presented himself to the court and appealed for installment payment of total RM 4500 over a period of 15 months.

    My partner and I do not agree on the payment method but he submitted a letter to the judge stating that he does not have the financial ability to make the full payment.

    The court instructed an debtor's examination on the next hearing.

    What would you advise us to do as we would hope to collect the judgement ASAP?

    Please advise.

    Thanks

    ReplyDelete
  99. Hi Kamarul Irzuan,

    Greetings.

    I read your blog about the small claims court and it's very helpful.

    I have a case where I have a very bad attitude neighbor living upstairs (I stay in a condo). Since they moved in in Feb, they have created consistent noise with people running around forcefully and furniture dragging sound, most of the time last until 2am.

    Even though I've filed a few complains to the security guard and management, they didn't change their behavior. I even went up to ring their door bell but they didn't open the door, I left a note asking them to be considerate but situation remains.

    Me and my husband suffer especially when we are not working, we can't stay at home, so most of the time we have to go out to avoid these noises as they are extremely annoying.

    We are leasing at RM1500 monthly, I'd like to sue them for compensation as we pay rent but no peaceful stay, no enjoyment, furthermore we have to stay out most of the time, we've lost our monies on rental.

    In this case, is it possible to sue them for monetary damage thru small clamis court? Can we succeed?

    Appreciate your advice. Thanks.

    Regards,
    Kelly

    ReplyDelete
  100. Where is the small claim court in KL, En Khairul?

    ReplyDelete
  101. Hi,

    Really appreciate your info. I need a clarification on the maximum years (age) of cases that we wish to claim through the small claim court.

    I was cheated by a maid agency in 2008 who until now has refused to refund my RM5000. I didn't make a claim until now as I'm away furthering study abroad. Is this case to old or do I still have a chance to make a claim?

    ReplyDelete
  102. Hi,

    Your sharing is very informative.

    Is this small claim applicable for company who want to sue or claim small amount less then RM5K from another company or person?

    We have rendered our services to some companies and these companies refuse to pay us, or is there any other procedure that we can engage to claim them since the sum is small.

    Your comments and advice is appreciated.

    Thanks
    Thomas

    ReplyDelete
  103. Hi would like to find out regarding the Small Claim court, is it available in all Magistrate court?

    Because I went to the one in PJ but got referred to Shah Alam then only was told I need to go to a court based on mine or the dependent address. But pretty strange that they asked me to go all the way to Bangi, when the dependent address is in Sepang and mine in KL.

    Wanted to be sure before i make a trip down. Many thanks.

    ReplyDelete
  104. Dear Mr. Michael Low Moon Tung,

    Mr. Kamarul started this blog and he should get the credit of it.

    Nevertheless, nothing satisfy you more than helping those in needs.

    Have a nice day.

    Regards,

    Khairul Aima
    Messrs. Irzuan

    ReplyDelete
  105. Question:

    Can a company be a plaintiff in small claims court? If yes, does it mean that a lawyer shall be appointed?

    Answer:

    Dear Anonymous,

    Rules of Subordinate Court clearly stated that a company cannot act on its own in a legal proceeding and as such, they need to be represented by a lawyer.

    Regards
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  106. question:

    How much is the small amount of court fee?

    from
    stan

    Dear Stan,

    The cost of filling the claim is RM10

    Regards

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  107. Dear Mr. Khairul,

    Kudos to your sincerity and good graciousness for helping others!

    I have a question regarding a claim under this heading.

    Can the Plaintiff appoint a personal representative (non-lawyer/chambering student) to act accordingly on her behalf?

    I am assisting my friend who was involved in a car accident. He tricked her by promising to pay for her car repairs on condition for not lodging a police report. Damages are in the sum of RM700. Police report was also lodged a month after the collision.

    I am drafting a letter of demand for her along with the s.96 RTA notice for the insurers and lodging it under this claim. However, would be stopped from representing her at the mention? I am 5 months into my pupillage.

    Many Thanks & Regards,

    David Hii.

    Dear David, to act for the plaintiff, you must have a locus.

    Small Court Claim requirement for locus is quite different from other court as they requires the parties to represent himself. as such, you cannot act on behalf of your friend.

    Regards

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  108. Dear Messrs. Irzuan, En. Khairul Aiman,

    Good day to you. Thanks to your post, I've filed a claim with the Small Claims Tribunal against an air-cond repair company. They not only failed to repair my air-cond, but also managed to make it worse! Calls to them have been ignored.
    I have sent a court summons by registered post to them but it was a false address. The telephone number is correct and the guy would switch off the phone whenever I call. If I call with a different number, he just entertains me by saying he needs to ask his boss about the claims.
    I have given up on asking him to go to court because the court date is tomorrow and he simply refuses to pick up the phone or tell me his real address.
    Any advice on how should I serve a summons to him if the company is a bogus one? Is it possible for me to file a police report to get his real address?

    Thank you so much in advance.. I think your blog is very good for all of us confused and cheated customers. =)

    ReplyDelete
  109. Hi Kamarul,
    Firstly, thank you for putting this blog together and providing such easy-to-understand information.

    My problem is similar to Anonymous' posting on October 2, 2010 5:55 PM where his laundered clothes were spoiled. I have faced a similar problem and the GM of the chain refuses to acknowledge my complaint nor reply to my emails, vm, sms, and calls. I want to demand for compensation and thought small claims court would be the way, however, your reply to Anonymous was to lodge a complaint with consumer tribunal. Please advise what/where/how is the procedure for that.

    Many thanks in advance.

    ReplyDelete
  110. Hi En Khairul Aiman,
    Thank you for your postings. I am thinking of initiating claims from a machine repair shop.
    I engaged them to add a motor to my sewing machine, a job which could be done in a couple of hours. However due to the additional work that had to be done to drill a hole to fix the motor, they said it would take two days. Then day by day I called to ask for my machine. Finally twelve days later they sent it back. But it didn't work. It short circuited my entire power supply about 30 secs into use. They had given me an old unusable motor and charged me RM 280:00 for it....the price of a new internal one.
    After many calls and about 10 days later, they finally came to take it again, promising to return it fully fixed and working in 2 days. Up till today i have yet to see my machine. Meantime my work is piling up. Oh, I also have to add that most of my calls were unanswered and when they were, all iI got were lies and more lies. Can I sue them for the RM 280:00 I had paid them and for the cost of a new machine of similar quality and make? Thank you for your assistance.

    ReplyDelete
  111. hi there,

    What if it is a Sdn Bhd suing another Sdn Bhd for a sum less than RM5,000? Does the same set of procedure apply?

    Thanks

    ReplyDelete
  112. Dear Sirs,

    I have a problem with a technician who took away my singer sewing machine to add a motor to it, promising to return it in two days. When he finally returned it after almost two weeks, it was an old motor which shortcircuited my power supply almost immediately. When he finally showed up, he promised to get a new motor and to return it within 2 days. Up to this morning he still has not returned with my machine. It's now more than a week. All I want now is the money I paid him, which is RM280 and the cost of a new singer sewing machine. Have I got a case?

    Thank you.

    H

    ReplyDelete
  113. asalamualaikum en khairul...mahkamah telah menjatuhkan peghakiman ingkar pada defenden...apa boleh saya buat jika defenden terus ingkar...ini adalah kes tuntutan kecil..terima kasih

    ReplyDelete
  114. Dearest Khairul, thanks to you and the power of
    Google. I had a case recently regarding some tenancy matters. I need your advise on what I can do and also what can I pursue further on this. I had went to many places inclusive of police station, building management office, MPAJ etc.

    I had rented out my property and the tenant was reluctant to pay the rental. I do not have empowerment to take back the house. Further checking, the tenant was owing the electricity and water for more than RM800. I had inspected the house from outside and saw that the tenant spoilt the main door and grill. When we asked, he only said tht it was a robbery case. I had terrible experience with this and I suffer with so many losses.

    Appreciate your kind advise on this. You can also email to me on your comments. Tq.

    Dominiquechang@gmail.com

    ReplyDelete
  115. Hi Mr. Kamarul,
    I have recently received a legal letter from a friend's solicitor asking me to pay back the sum of RM9000 which he issued a cheque to me as a gift last year. What should I do?

    ReplyDelete
  116. Hi En. Kamarul,
    My house had a blackout due to a neighbour's negligence in connecting a cable from the mains to his house resulting in a loud explosion and subsequently damages to my electrical appliances, trip metre, three pin plugs with repair works and replacements amounting to RM3705.00. A police report was made on 24.1.11 and another filed with TNB Cheras. On 28.9.11, TNB replied that they were not responsible and would not entertain any claim of damages. After nine months of waiting and many visits in between to see the officers at TNB Cheras, they finally disclaim all liability. I am in a lurch.Can you advise whether there is a case I can take up or go to the small claims court for further action.
    Thank you.

    BK Yong
    30.11.11

    ReplyDelete
  117. Hi,
    In January, my neighbour 4 blocks away renovated his house.One evening an explosion was heard from this house, resulting in a blackout in my house. Due to over-voltage, several electrical appliances including air conds, fridge,micro-wave,massage chair, three pin plug points and a trip metre were damaged. Repair costs and replacements amounted to RM3705.00. I made a police report on the damages and also reported to TNB Cheras . An officer from TNB came to access and took photographs of all the damaged items. A letter for claim of damages together with official receipts was handed to TNB subsequently.After several visits to the Cheras Office, I was told to wait for a response as my claim had to be assessed by HQ. On 24th Oct.2011 I received a reply from TNB Cheras saying that they were not responsible for what happened and would dismiss any claim whatsoever. It took them ten months to arrive at this decision! Can you advise me on any recourse I should take in order I be compensated from damages due to the negligence of another party? Thank you.

    ReplyDelete
  118. dear anonymous, in this situation what you should do is to reply to that letter and tell what the money meant for. if the money meant for a gift then no need to worry but you must prove it. sorry for late response.

    ReplyDelete
  119. dear anonymous,
    before you go to the Tribunal, we suggest to you to lodge a complaint to National Consumer Complaints Centre (NCCC). you can lodge your complaint through e-Aduan at NCCC web or go directly to NCCC office.

    ReplyDelete
  120. dear anonymous,
    again we suggest to you to lodge complaints about your sewing machine to National Consumer Complaints Centre (NCCC). lodge your complaints through e-Aduan through NCCC web or go directly to NCCC in PJ.

    ReplyDelete
  121. dear anonymous,
    regarding your issue with the maid agency, just lodge your complaints at National Consumer Complaints Centre (NCCC). your issue was also among complaints that NCCC entertain.

    ReplyDelete
  122. dear Yong Bang Kuang, in your situation your neighbour should be the person to sue and not TNB because your neighbour negligence caused the blackout. but you can try make a complaint to National Consumer Complaints Centre (NCCC) against TNB in order to get clear clarifications on this matter from TNB.

    ReplyDelete
  123. dear angiet2kay, based on your comments on October 24, 2011 we advise you to make a company search with Suruhanjaya Syarikat Malaysia to locate the owner of the company or business which address you can use to serve the summons or you can make request to Suruhanjaya Komunikasi & Multimedia Malaysia to locate the owner of the phone number you have.

    ReplyDelete
  124. Dear Sir

    Some one owes me RM 17,000 and pay me two cheque of RM 5,000 each and both bounced, How can I get him to pay me back?

    Please advised

    ReplyDelete
  125. Paid Rm 10,000-00 as deposit to a company to start a sort of franchise business and then decided against it because different terms and conditions were given from the earlier one which i found unacceptable. How do i go about getting back my Rm 10000-00 from the company. Pls advise.

    ReplyDelete
  126. dear anonymous, you can get the money back from the company through the small claims court. but make sure you have evidence to proof it. then, if you have signed any agreement for this transaction, make sure you go through that agreement first. for the procedure to initiate proceedings in Small Claims Court, please refer our post. thank you for viewing our blog.

    ReplyDelete
  127. dear anonymous, based on your comments on 18th, you can get back the money through the small claims court provided you have evidence to proof that person owes you money. thanks for viewing our blog.

    ReplyDelete
  128. dear Dominique, answers to your comments has been emailed to your email. thanks for viewing our blog.

    ReplyDelete
  129. salam anonymous, berdasarkan komentar anda pada 14 Nov yang lalu, setelah mendapat penghakiman ingkar dan defendan masih ingkar maka anda boleh dapatkan arahan mahkamah untuk melaksanakan perintah mahkamah tersebut. dapatkan nasihat peguam bagi anda mengetahui cara sesuai melaksanakan perintah mahkamah yang anda perolehi. sekian. maaf dari kami di atas kelewatan membalas komentar anda. salam.

    ReplyDelete
  130. there is a company refuse to pay 50% payment (RM3,000) after we complete the project for more than 3 months.

    the boss / person in charge refuse to answer us (by email / call)

    can we file this case to Small Claim Court? what is the procedure? Pls advise.

    thank you!

    ReplyDelete
  131. dear verrin, the procedure is still the same and please read above article for info you needed.

    ReplyDelete
  132. Hi Kamarul,
    Your are probably the only lawyer we know with a good heart! You've proved it is possible to be a lawyer and serve the community. Thank you, keep up the good work and Malaysians are proud of you.
    Regards,
    Razlan

    ReplyDelete
  133. Salam, What is the procedure to file above RM5,000 (Case against auto dealership).Kindly help. thank you

    ReplyDelete
  134. hi,Mr.Kamarul,

    I hope this blog really can help me.
    i have engaged a videographer before my wedding but due to his irresposible and bad attitude to customer, i cancelled his services before wedding date, can i claim back my money as i have bank in to him as a deposit for the services ,he refuse to pay my deposit and can i file this to small claim court?

    Thanks and regards
    Pang

    ReplyDelete
  135. Hi Encik Kamarul
    I made the unfortunate mistake of lending money to a person who said she needed help. Now she is refusing to pay the money. I dont have her contact address. What is the procedure for getting the address from the MultiMedia Commission. I dont see anythng in their website. Thanks

    ReplyDelete
  136. What happen if the defendent refused to received when served the form? If the form is sent by registered post can the defendent ignore it and later challenged the court's judgement on the ground that the address is not his official address by providing another different address as evidence,hence his claim of not being served the form. And one last question, it is possible to sue if we do not have I/c number of defendent.

    ReplyDelete
    Replies
    1. If you don't have his IC number, try hiring a private investigator to find it. Then from his IC number, you can get a lawyer to write a letter to request JPN to trace his official address on his IC. That's how I did it. Don't forget that you can charge all these costs back to him when you win the case.

      Delete
  137. hi! mr. kamarul

    i have join a gym in few months ago, this gym suddenly to close down, i have paid my membership around 1 year, then, i just train at this gym at least 4 months then close down, after that i ask that gym refund my money, he is refuse to pay my money back! can i file this to small claim court?

    thanks and regards
    sj chee

    ReplyDelete
  138. Hi Sir,

    I was purchased 1 unit of Power Bank online at mydeal.com.my.

    I been tried call them and their merchant numerous times since 26 Dec 2012 until today. But no reply from them as well.

    I suspected this is part of the Online Cheated Case. What should I do now? Shall I sue them?

    Please advice.
    MK
    019-3709633

    ReplyDelete
  139. Dear Mr. Kamarul, i have an issue on hand. As a sole Prop (merchant), we have an outstanding balance payment (overdue few months now) with a local group buying company. Payment is agreed on the terms of 2times payment. 1st payment has been paid (late) and now, final balance payment is overdue. Amount is around 1k. We have abide all terms in the agreement, all goods have been delivered within the agreed time frame with proof of posting emailed to them. Each time we call, calls will not be entertained or answered. As for email, they always say "will get back to you ASAP" but nothing is done, we have done calling & emailing several times now, still no response.

    Can this case be brought upon the small claims court? or where/how should we proceed?

    Really hope you will be able to give some advice/guidance. Thanks.

    ReplyDelete
  140. Hi, Thanks for your sharing. It is really useful for layman like us. I have one problem. There is one developer who has not submitted the strata application for us since 10 years from S&P date. This developer company is under winding process now. We enquire Pejabat Tanah and Galian about how to get this developer submit the strata application for us while this developer still owe PDC for land cost of $750k. For this case, there is no money involved but we just want the court to order the company to submit the strata for us. Can I file the court order throudh Small claim court? If not, how should I go about it and how much cost approximately will it involved?
    Appreciate your reply. Thanks

    ReplyDelete
  141. Hi,

    What if the defendant is a foreigner? how to serve them? going to their embassy?

    What if the defendant is crazy and refuse to pay at the end? can get into jail?

    thank you!

    ReplyDelete
  142. From Mudah.my website, online purchase was made by me. Payment via online fund transfer to an individual as instructed by the seller's gmail. Seller promised to issue invoice/receipt/warranty/courier confirmation were never fulfilled inspite many follow up via sms/phone call and email to seller. I expect that I will never receive my purchase of RM1,240/-

    Logged complaint to Mudah website and still waiting for a positive miracle that I will get my purchase.

    Must I lodge police report before proceeding to Small Claim Court or NCCC. My evidents is the advertiser web in Mudah, my online payment to an individual, sms message in my H/Phone, complaint to Mudah via their web site (taken screen shoot).

    As I do not have address of the seller/individual(fund credited to), how to serve summon by post or my person? I am sure Mudah as well as Bank will not disclose address of the individual or the advertiser information to me.
    As Mudah has clearly state in their web site that they are not responsible for the loss, can I also make claim via Small claim Court on Mudah.

    I am sure the type of online scam/fraud happened to many people. Appreciate your learnt advice to help me as well as the rest who encountered such scam/fraud.

    ReplyDelete
  143. Hi Sir,
    Although the information has been posted few years ago, i would still thank you for it is just the right time for me to get it and following the information, i have filed in for few cases at one go...

    ReplyDelete
    Replies
    1. Hi Kamarul, i would like to seek your advice.

      I went for a treatment as the Aesthetic doctor was very convincing and confident about her product. and she said don't worry no side effect and it will give you the result that i want. she did inform me of the bruising that will last a couple of weeks and the full effect will only be seen 3 months onwards.

      Now is the 3rd month and the bruising is still there, went back to her spoke to her she verbally told me that if the bruising does not go off by next month she will discuss a compensation.

      When i wrote her an email to get it in black & white she got defensive and say things like she informed me of this and that which she did not. So i can read that she does not want to give me a refund.

      Can i file a claim with Mahkamah Tuntuan Kecil to get her to refund me for causing a bruising that lasted 3 months and counting as well as no visible effect to the treatment that she did which she claim there is. I guess it will be my words against hers. I know i am telling the truth but she will argue back like suddenly in the email she claims that she inform me all this but actually she did not.

      Looking forward to your reply.

      Regards
      Caryn

      Delete
  144. Dear Sir,

    Thank you for your valuable time offering this free advice.

    ReplyDelete
  145. Dear Sir,

    Thank you for sharing your free and valuable advice.
    Pls adv once summon is served but the defendant choose to b silent or ignore it,,,what is d punishment?

    ReplyDelete
  146. Hi En. Kamarul, thank you very much for your insightful blog.
    I have a situation here whereby culprit A make me drop my mobile phone at a train station. As the culprit deny doing it , I went to get a cctv proof from the station with a police report. The cctv clip shows that the culprit is the one who make me drop my phone.
    So the question here is, what if the culprit refuses to pay after I got it fix? What action can I take? As for the amount of damages could be around RM 1000 or lesser. Thank you and hope to hear from you soon.

    ReplyDelete
  147. Good Day Sir/Madam. I’m seeking advice from your good-self-regarding a loss worth of RM2900 due to negligence by a car workshop. On 7th April 2014, my car broke down due to radiator got heated up and I drove my car to the nearest workshop. After inspection, the mechanic informed that I need to replace one of the fan motor due to faulty and a fan relay due to no electrical supply to another fan (my car has 2 fan). He replaced the faulty fan motor with a new one and adds on another fan relay without replacing the old fan relay which he said doesn’t supply the electric current. On 1st May 2014, when I was travelling to Maran, Pahang, my car broke down and found out the car fuse box was burnt. When I brought to another mechanic for a repair, he said that due to the new fan relay which was not properly fixed and connection was directly from the car battery; the car wire got heated up and burns the fuse box. Half of the fuse box damaged. It cost me RM2900 to get it repaired and due to the earlier mechanic negligence, I would like the workshop to pay compensation. I have checked with consumer tribunal and they advise to file a case in “Mahkamah Kecil” since the claim amount below RM5000. I would need some advice on this case, whether to bring this matter to court for compensation or rather not to since I won’t get any compensation since the case too complicated? Please Help.

    ReplyDelete
  148. Dear Sir,
    Thank you very much for your information.
    My customer (P) is in KL and I am from another state. My customer took stock from me and run a biz with his partners. Lately his partners broke up with him because they suspected him being dishonest. He (P) has reported my stock to them at a higher price.
    To me, i was not involved in their business as i only deal with P, i do not know the partners. However, he is using this as an excuse that I had reveal my price to them (which i didn't), refuse to answer my phone calls, and avoiding payment of course. I had told him that i have other customers who could call up for product information, how could I not telling about my product information just because he wants to make a profit out of it.
    Anyway, he is using this as an excuse to not paying.
    My question is, must i go to KL to launch the Form 164 or i could do so at my state (East Malaysia) ?

    Thanks.
    Appreciate your help very much.

    ReplyDelete
  149. You can file your case at the court where you stay. I have explained about local jurisdiction of the court in my latest ebook. check it out, a lot more information to begin a suit....just go to http://legal-malaysia.blogspot.com/2014/06/ebook-panduan-mudah-perundangan-98.html

    ReplyDelete
  150. Hi Kamarul,
    I appreciate your effort in helping others with their problems.
    I would like your suggestion in one of my dispute with my landlord.I had vacated the house after completing the tenancy agreement and paying all dues.But the landlord has not yet returned my Security Deposit.It is less than 5000RM.The Landlord is Malaysian but stays in Singapore.So if i file a case through form164 in Magistrate court & if he ignores it what are the options i have. He has properties in Malaysia and i have his Singapore address too.I have already waited for 3 months.The agent who has signed as witness in the Tenancy agreement is supporting me but the Landlord is ignoring mails/sms/calls from us both.I have already sent a Letter of Demand through mail.So if i file case in Magistrate court & if he ignores how should i proceed further.
    Thanks,
    Divakar. M

    ReplyDelete
  151. Hi, we are owed RM 5,000 by a former tenant who didn't pay his utility bills. but we didn't notarize the rental agreement that stated he had to pay utilities. Does it have any legal standing? He always paid cash too...we only have the rentbook stubs (he didn't sign these). What chance have we got of forcing him to pay up by small claims court? Could we get statements signed by neighbors that he was living there? Could we use as evidence text messages exchanged with him about rent during the tenancy? thanks for your help, Jonathan

    ReplyDelete
  152. Hi Kamarul,

    Recently my company bought a database which inside have the company name, the company mailing address, telephone and fax number, the decision or the manager or the director name, job title and their email address. I found most of the records are unreliable and useless to us. Can i claim back the full refund and legal cost from the supplier thru small claim court or other court i can go after i know there is PDPA act.

    Your early reply is appreciate.

    thank you
    Wan

    ReplyDelete
  153. Sir,
    Hi Im a buyer for a condominium, and after loan approval and snp signed by both party. Found out one of the joint owner declare as bankruptcy in Ctos record.
    I already paid deposit 10% of the property, the process drag almost one year and my lawyer told me if the sale was terminate I only can refund bAck half of my deposite and another half most probably unable to get bAck due to Im insecure creditor. In this issues what should I do to get bAck my deposite. And as a buyer what is the legal action can protect my right.
    Thanks

    ReplyDelete
  154. Salam En Kamarul,
    FYI, can you recommend me good lawyer coz my claim is more than rm5k.

    thanks,
    Lokman

    ReplyDelete
  155. Hi Kamarul
    I was awarded Cost by the High Court of RM10K but it remained unpaid. Check with lawyers to claim this cost award and the cost to me is estimated at RM5K for the Writ of Seizure and Sale and much more if it is for Contempt of Court. Would like to know if I can claim the cost award myself? If possible how do I proceed on this?
    Regards
    Lim

    ReplyDelete
  156. Hi I need advice. What should I do and who should I find? What kind of crime is this?
    Hi, i am a 21 years old student and today i've been scammed of Rm1600 by a men claimed that he is selling new unit of iphone 5s for Rm800 . he said that it is cheap because his sister is working in KLCC Apple Store and this is for staff promotion. so my brother and i decided to buy 2 units since we wanted to change new phone for such a long time and its a good deal. i knew him through a close friend of mine. so we communicated through whatsapp and calls. initially we insisted on cash on delivery but he said that this is staff promotion so we must bank in first then only his sister can get the item from apple store. but after bank in this guy just giving empty promises such as "i will call in 10 minutes", "i'm coming to your place". delays after delays and empty words. At a point i told him to get ready for legal actions and face jail term if he is really going to scam us and he said that i'm blackmailing him. i need some legal advise and legal aid so that i can get my money back and put this culprit into justice. please help me.

    ReplyDelete
  157. Hi Kamarul,
    I live in Betong, Sarawak.I live in a shop house. I have a case here where my neighbor is operating a jamming studio where severe noise disturbance occur. Although the time of jamming is mostly 8am till 5pm not exceeding the normal working time, but i am completely disturbed everytime i am at home. Plus my wife is a teacher who gives extra classes at home during the afternoon.

    I had visited the local DIstrict Council, after some investigation i found out that the tenant has no suitable license for him to run a studio. He only have a normal trading license issued by the council. The council has visited the premise and warned them about the noise, but there is no effort by the tenant in reducing any of these activities.

    What can i do to make them stop? Can i claim any loses from this case?

    ReplyDelete
  158. Dear Sir,
    1) May I know if a lawyer can sue for his unpaid fees under the small claims court? Since no lawyer can be involved but in this case, the lawyer is the complainant.
    2) May I know if a person can sue under the small claims court for his commission agreed orally by the defendant?

    ReplyDelete
  159. Dear Sir,

    A landlord does not give the security deposit back to tenant after the expiration of apartment lease and a mutual agreement not to renew. The tenant went to lawyer, took all proper actions, then she went to court. the landlord did not show up in any of the court hearings. The final decision is in favor of the tenant. The landlord does not want to pay in any circumstances. He failed to make the first installment. Now the weird part is that tenant's lawyer delay to give the court order in person to landlord. My questions are: Why? is there any expiration date in the court order? What will happen if the lawyer will not hand in the court order to the landlord? Is the landlord finally goes to jail? What is the proper course of action from now on?

    ReplyDelete
  160. Dear Sir,

    If u don't mind can u provide me the address of small claim court in Kuala Lumpur pls. Couldn't find in google.

    Thank you

    Rgrds,
    Muru

    ReplyDelete
  161. Hi,
    I had a question which is what bothering me right now, i did paid the deposit for rent a car. at first they give me a cheque which it turn back after i bank in that. so there is almost a month they keep on asking me wait for their boss come back from oversea to settle.
    the question is "Is there any "expired-time" to sue someone who dint pay us back our money?"
    Thanks.

    ReplyDelete
  162. Hi Mr Kamarul,

    As I am new to this, I worked for this company for two months and my last day of working is on 22 Oct 2015 and the company agreed to pay my salary on before 7th of the month. But until today I don't received any salary from my company, and I did call HR Manager even my GM - Retail, but both of them ignores my call and don't reply my sms even whatsapp gadgets. I also ask second option from my corporate services GM the ladies boss said they make a police report due to got one boutique stock loss value : RM3159.00 but this is not my consent, I am working as Retail Operations Executive mainly my job function is taking care all stores outlets and hiring, recruitment and etc. But I did ask them what if I did not at the store and suddenly stock loss, the company either will ask the employee or employer to hear but not the operation management. I asked my corporate services GM she said only to make police report due to investigation. Before I leave the company I hand all my company property to my new colleagues and nothing is on my hand. And I actually came from a single family and I need the funds to roll on my daily expenses and need to pay my insurance even my house. Can you give me any suggestion or advice how to deal with this company? Cause this company is still new and is not steady yet. Now I really broke.. my mum asked me about salary and I said they make police report due to investigation but she said any timeline I said no. I even said to my corporate services GM, seek her to help me this case as I don't even do any hanky panky or harm the company. All my outlets stores aware that I am hardworking and responsibility superior.

    ReplyDelete
  163. Can I Sue malindo airline because they proceed on my claim took long time 30 to 120days from what their reply Which it is totally is their system failure not my problem. It make me so trouble when I going to check i.

    ReplyDelete
  164. Hi Kamarul,
    I have recently engaged a supplier in Malaysia through one of my friends. I have struck a deal with him on a plastic container deal. I have placed deposit of RM 27000. RM 12000 by cash and RM 15000 by bank in. I still have the bank in receipt with me now. Time has pass for 4 months but i still have not got the goods from him. Tried to call him but he did not answer my calls. Is there any legal which can sue or anything against him?
    Please advice.

    ReplyDelete
  165. Hi i move out to another office. N my owner did not return me my deposit even several calls and meet up, there was no deadline to settle my deposit. Can i appeal to small claim court?

    ReplyDelete
  166. Dear Kamarul


    Kindly Advise And Comments , Thanks


    We have been Register With SME Corp , Awarded E Voucher From SME Corp
    After That We Issue Purchase Order And Submitted E Voucher And Training Form And Other To E Stream Software Sdn Bhd ( SQL Accounting Software Provider )
    Since Jan 2015 Through Email
    Our Purchase Order Indicate With Rm300.00 + E Voucher Redeem ( RM 1000.00) From SME Corp

    During Jan 2015 to July 2015 ( 6 Months Periods )
    No Documents Submitted From E Stream Software Sdn Bhd ( SQL Software Provider ) To SME Corp
    No email Corresponding Between Me And E Stream Software Sdn Bhd
    We Had Called To Them , We Receive Poor Corporation From E Stream Software Sdn Bhd

    Note :-
    Since August 2015 We Received Email From E stream Software Sdn Bhd
    To Inform That We Owe Them RM 1000.00
    Due To Unable To Redeem Payment From E Vocuher


    Remarks
    Right Now E Stream Software Sdn Bhd (Software Provider ) Refuse To Responsible For Above Matter
    E Stream Software Sdn Bhd Passing Back All The Problem To Me

    Right Now My SQL Accounting Software Not fully Function As Expected Performance



    Additional Infor.

    Dear Mr Chee

    Kindly be informed that company need to submit a copy of eVoucher, invoice, receipt and confirmation form (no original copy needed). Then, the software provider will bring the documents to be certified by the commissioners of oath before proceed to submit to SME Corp.
    Thank you.



    "Pioneering Business Transformation"

    Neny Suzana Binti Razli | GST e-Voucher Secretariat
    Business Advisory & Support Division | SMECorp. Malaysia
    Level 4 | SME 1 | Block B | Platinum Sentral | Jalan Stesen Sentral 2 |Kuala Lumpur Sentral| 50470 Kuala Lumpur| Tel: 03-2775 6071 | Fax: 03-2775 6312 |
    Email: neny_suzana@smecorp.gov.my

    Dear Mr. /Mrs. /Ms.,

    Thank you for your e-mail.
    2. You are advised to lodge such complaint to Customs Department as the agency that appointed all the GST Vendors, and they can take the necessary action. As for SME Corp, we have tried to facilitate wherever we can, and we are also stand guided by the stipulated procedures.

    Best regards,


    "Pioneering Business Transformation"

    Neny Suzana Binti Razli | GST e-Voucher Secretariat
    Business Advisory & Support Division | SME Corp. Malaysia
    Level 4 | SME 1 | Block B | Platinum Sentral | Jalan Stesen Sentral 2 |Kuala Lumpur Sentral| 50470 Kuala Lumpur| Tel: 03-2775 6071 | Fax: 03-2775 6312 |
    Email: neny_suzana@smecorp.gov.my



    “”” Kindly Advise Us “””

    Thanks
    Chee

    ReplyDelete

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