Saturday, March 9, 2013

Small Claim Court: Do-it-yourself (DIY) UPDATE-1st part


My last post on this topic has received a great response from the public. Here is the link to the post.

The rules of subordinate court and high courts have changed and now known as Rules of Courts 2012. Under these new rules, the small court claim is maintained under the Rule 93.

I don’t see much different under the new rule. I will highlight some important points and ‘technical how’ here:-

1st part: prepare your form and file it!

  1. The same claim limit of not more than RM5,000-00;
  2. Whoever wan to claim may do so by using form 198 (can be found inside the Rules or get it from your nearest court) or type it your own (just make sure font, layout, margin, spacing and paragraph are exactly the same); I will try to show you how to fill the formbellow.
  3. You need to state your claim amount and detail (story) of your claim in the form;
  4. After you are done, sign it or thumb print;
  5. Ok if you are done, bring it over the court, find the Registry Office and file it. Well, yes you need to pay minimal fee.

Here is the picture of the forms (sorry pic quality not good) and how to fill it.


Small Claim Court Form under Malaysian Rules of Court 2012



(a)    The court place such as Petaling Jaya, Kuala Lumpur etc.
(b)   Your state such as Selangor, Wilayah Persekutuan Kuala Lumpur, Perak etc
(c)    Leave it blank, the court will give you your case number.
(d)   Put your full name as per IC, no ‘Mr’, ‘Mrs’, ‘Dato’ or whatsoever title you may have J
(e)   Your IC
(f)     Your current address
(g)    Defendant full name, i.e. the person you want to sue and claim.
(h)   Defendant’s IC (what if you don’t know his/her IC? Leave it blank, but remember you might find it difficult to execute your judgment later on, because many people have same name).
(i)     Defendant last known address, if you know more than one addresses, put all! Just separate those addresses with ‘dan/atau’ wordings.
(j)     State the amount of your claim (remember not more than RM5, 000-00).
(k)    Now this is the a bit tricky but interesting: here you need to tell the story of your case. Start with what you do, what defendant do, what is your relationship with defendant, how the claim arise, what were your effort to get back your money before suing, what was the response of defendant, and so on. Please be precise, short and simple. Put every point in a paragraph; don’t mix points under one paragraph. Remember to put every important point and story, don’t miss it. This is what we call: pleadings. Whatever not stated in pleadings will be entertained later.
(l)     Sign it or thumb print;
(m) Put the date as at when you are filing it;
(n)   Leave it blank, the court will put it;
(o)   Leave it blank, the magistrate or registrar will sign it (note now under efilling system, all computer printed signature with verification number);
(p)   Leave it blank, the court will give the hearing date;
(q)   Leave it blank, the court will give time for the hearing date, normally either 9am or 2pm;
Ok you are done 1st part..and ready to file in court.
2nd part: extraction of seal copy and serve your summons…in my next post.. J



read also the post about how to act on your own without solicitor/lawyer at this post:
http://legal-malaysia.blogspot.com/2014/06/ebook-panduan-mudah-perundangan-98.html

8 comments:

  1. Hi,

    I have already extracted the document that was sent to me by e-mail. Do I now go to give the 'defendant' a copy of the document?

    ReplyDelete
  2. yes, you should serve a copy of that summon to defendant.

    ReplyDelete
  3. wait for next posting on next step: extraction of seal copy, serving to defendant and filing affidavit of service.

    ReplyDelete
  4. There isn't enough space on the form to complete part (k). Do I squeeze it into that small box or can I attach it as an appendix and how do I do that? Please help!

    ReplyDelete
  5. the part (k) can also be written on separate paper.

    ReplyDelete
  6. Regarding online consumer claims, what happens if the address of the defendant is not known? Is there a way to find out?

    ReplyDelete
  7. If the amount is RM 6600,what can I do?Can I reduce the amount to RM 5000,and file a small case?If the debtor is in sabah,and creditor is in west malaysia,can the creditor file a small claim?Is enterprise qualify to file a small claim?

    ReplyDelete
  8. do i have to make an affidavit before filing the case

    ReplyDelete