Procedures to bring a small claims action


This procedure is carried out in the Small Claims Court (or the Magistrate Court) which hears cases between an individual plaintiff and a defendant whereby the amount claimed shall not exceed RM5,000.00.


Before proceeding to sue, we advise you to issue a Letter of Demand (LOD) to your debtor, provided they are reachable and you have all the evidences to prove your debts. The purpose of the issuance of LOD is to inform the debtors to pay the sum of debts within the time period stipulated, failing which you may commence any legal action against them. (A copy of this LOD could also be one of your proof that the debtors refuse to pay back the debts.)


The procedure to commence a small claims action is straight forward.

1.      Obtain and submit the Form 198

Sample of Form 198

2.      Serve the sealed Writ to the Defendant

3.      The Defendant may defend or counterclaim your action

Sample of Form 199

4.      The Plaintiff may defend the counterclaim

Sample of Form 200

5.      Case Management (“CM”)

Once all the above is filed, the Magistrate Court will formally notify both parties to attend a CM. The parties are required to attend this CM for the administrative purpose in order to make the case to be efficient and time-saving, and also to get further directions from the Court. The Court may fix a hearing date on the CM date.

6.      Hearing or Trial

Both parties are required to attend to a hearing or trial. The Court has the power to make any order that it thinks fit upon any absence of any parties.

The official language of the Magistrate Court is Bahasa Malaysia. However, depending on the Magistrate, he, upon request, may allow the hearings to be conducted in the language of English.

You may have been watching some dramas about lawyers and you may imagine how does a hearing or trial looks like. Usually, the parties are allowed to cross-examine each other regarding all the facts and evidence of their case. Occasionally, the Magistrate would also conduct the hearing in an interview manner by asking questions to the parties.

7.      Decision

The Magistrate will make a decision based on the facts, evidence and the submission made by the parties. It is entirely up to the Magistrate to decide whether to grant cost not more than RM100.00 to the winner of the case. If the Plaintiff wins, he is required to file an Order for the decision to be sealed by the Court. After that, he may proceed to execute the Order and seek payment from the Defendant.


Generally, the Defendant (or we call him as Judgment Debtor) is required to comply with the Order. However, you may be curious about what could happen if some stubborn people refuse to listen to the Court?

1.      Let’s tell the Court!

The Plaintiff who just won the case, may make an application through Form 208 (also known as a Notice to Show Cause).

Sample of Form 208

2.      What if he does not appear?

3.      What if he appears?


Despite above saying no lawyers are required to represent you, but of course, you may consult our lawyers anytime if you need any professional advice and services to assist you in analysing the case and preparing the documents to strengthen your case.

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The information published in this article is provided for general informational purposes only and does not constitute any legal advice from the Yee & Partners. Feel free to seek legal advice from our professional lawyers.