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'?
- 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.
- The total amount of claim must not exceeding RM5, 000-00
- The claim must be made through summons in Magistrate Court
- 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).
- 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?
- Small Claim Procedure is governed and provided under Order 54 of Subordinate Court Rules, 1980.
- Go to court (registration office) and ask for Form 164 (remember it is FREE), and start fill in the form (preferably type it nicely)
- Prepare in 4 copies (at least, you may want to prepare more for 'spare')
- In the form indicate clearly, the amount of claim (nor exceeding RM5,000-00) and other details of your claim
- Once finished, sign the form yourself
- File the form in court (at the registration counters) and pay a small amount of court fee.
- Once you got a seal copy from court, go and serve the form to your 'defendant'
- You may serve by yourself (by hand) or by prepaid registered post
So what's next?
- Once the defendant receives your claim, he may defense himself or just admit the claim
- 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
- 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)
- If the defendant chooses not to attend at all the proceeding, the court may also give judgment for you.
- 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.
- 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)
Kamarul Irzuan, Advocate & Solicitor, High Court of Malaya, Malaysia.