Advertisement

Small Claim Court in Malaysia. How To File a Small Claim Case? For Plaintiff as well as Defendant.

137 Views  ⚫  Asked 4 Months Ago
asked on Apr 12, 2022 at 22:44
by  
edited on Apr 13, 2022 at 00:32
by   jeff005
It is a specific kind of court that hears cases between an individual plaintiff and a defendant whereby the amount claimed does not exceed RM5,000. The purpose of this nature of case is to avoid the need for lengthy and expensive lawsuits.



Small Claim.pdf
https://judiciary.kehakiman.gov.my/portals/media/attachments/Self-Representative/Small%20Claim.pdf

Excerpts :-

How to file a Small Claim Case? For the Plaintiff:- a) Manual Process  Go to the nearest Subordinate Court Registry and ask for Small Claimform i.e. Writ in Form 198.  Prepare 4 copies and please ensure that your form and claim is duly completed.  Submit the completed form to the Subordinate Court’s Registry.  The court will inform you the hearing date.  The Plaintiff must serve the sealed Writ on the Defendant and file the Affidavit of Service. The fee is RM8.00. b) Online Process  Subscribe as a user. The subscription is free of charge. You can visit the website at: https://judiciary.kehakiman.gov.my/portals/  Fill in the pre-registration steps by login into the system. You can either fill in the e-form/template or upload the documents into the system.  Reference slip will be emailed to your registered email once you have fill in all required details of the case.  Bring the reference slip to the counter of the Subordinate Court’s Registry and pay the prescribed fees.  The Court staff will assist in completing the registration process.  All notifications of the case will be done through email.  The case number will be used as reference for future dealings.  Secondary filings must be done via online. For the Defendant (individual):- a) Manual Process  After being served with the sealed Form 198 from the Plaintiff, go to the nearest Subordinate Court Registry and ask for Small Claim form i.e. defence and counterclaim (if any) in Form 199.  File your defence within 14 days from the date of the service. Failing to file defence within 14 days from date of service or fail to attend the small claim hearing, the judgment will be entered against you and the plaintiff will get a judgment sum as claimed. b) Online Process  Subscribe as a user. The subscription is free of charge. You can visit the website at: https://judiciary.kehakiman.gov.my/portals/  Search the case by key in the case number.  Click on the secondary filing menu to file your defence and counterclaim(if any). You can either fill in the e-form/template or upload the documents into the system.  Reference slip will be emailed to your registered email once you have submitted your defence and counterclaim (if any).  Bring the reference slip to the counter of the Subordinate Court’s Registry and pay the prescribed fees.  The Court will assist in completing the filing process.  All notifications of the case will be done through email. 
2 had this question
Me Too
0 favorites
Favorite
[ share ]

Know someone who can answer? Share a link to this question via email, Twitter, or Facebook.


You must log in to answer this question.

Not the answer you're looking for? Browse other questions by category or search to find answers.