INTRODUCTION OF SMALL CLAIMS PROCEDURE
You may have been there –
– friends approaching you to borrow some money during their hardships;
– tenant delaying in paying you their rental;
– customer does not pay you after you provided personal service or goods;
– request for compensation after you bought some poor quality products etc.
Whatever your case may be –
- they may have been promising to repay you the money in the shortest time and it has already been quite some time but you haven’t even received a single cent!
- you may have been dropping them tons of calls and messages on WhatsApp but they have even “blue ticked” you!
The first thing that comes to your mind after all the mess may be suing him in court, but then you realize that hiring a lawyer would cost even more than the money you could recover from them. It is not worthy at all!
BUT! DO YOU KNOW THAT?
You can actually sue a person in court without hiring a lawyer.
Then you should read this article!
SMALL CLAIMS PROCEDURE
(Order 93 of the Rules of Court 2012)
The objective of the Small Claims Procedure is to avoid the need for lengthy and expensive lawsuits. In fact, no legal representation is allowed in a small claims action. In simple words, the parties must represent themselves individually without hiring any lawyer. Only a defendant is able to be represented by a lawyer if that is expressly required by law. For example, a company must be represented by a lawyer pursuant to Order 12 Rule 1(2) of the Rules of Court 2012.
SO WHAT IS “SMALL CLAIMS PROCEDURE”?
Order 93, Rule 2 of the Rules of Court 2012:
“This Order shall apply to claims where the amount in dispute of the value of the subject matter of the claims does not exceed five thousand ringgit.”
As the simple rules for this procedure, any aggrieved INDIVIDUAL (not any company but only individual) may initiate such proceedings against your debtor and it is only applicable to claims where the amount in dispute or the value of the subject matter of the claim does not exceed RM5,000.00.
Therefore if you can fulfil the above conditions, then you can rely on this procedure to recover your money.
Interested to proceed with the Small Claims Procedure?
Please visit: http://yeepartners.com.my/procedures-to-bring-a-small-claims-action/
For other information, please click and visit http://www.yeepartners.com.my
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.