# Suing Someone in Malaysia: Small Claims Basics and Civil Procedure

> A step-by-step guide to how members of the public file a small claim (under RM5,000) in the Magistrates' Court without a lawyer — forms, fees, timelines, enforcement, and where it differs from full civil litigation.

- Category: law
- Language: en
- Status: published
- Updated: 2026-08-14
- Canonical: https://negaraku.md/en/law/small-claims-tribunal-procedure

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Someone owes you RM3,000, refuses to settle it, and ignores every call. Hiring a lawyer might cost more than the debt itself. This is where the **small claims** procedure exists: a route designed specifically so that ordinary people can bring small disputes to court — alone, cheaply, and without a lawyer's robe.

This guide explains who qualifies, the forms and fees involved, the step-by-step filing process, what happens if the defendant wins or disappears, and where a small claim differs from full civil litigation.

## What is the Small Claims Court, and when are you eligible to use it?

The Small Claims Court is not a separate court — it is a special procedure within the **Magistrates' Court**, governed by **Order 93 of the Rules of Court 2012** (*Order 93, Rules of Court 2012*). Its purpose is clear: to avoid the need for lengthy, expensive suits for low-value disputes.

The basic requirement is a single one, but strict: **the amount claimed cannot exceed RM5,000.** If your claim exceeds that amount — even RM5,001 — it no longer qualifies for this procedure and must be filed as an ordinary civil suit.

Matters commonly claimed through this procedure include:

- Unsettled debts (personal loans, overdue invoices).
- Fees for completed services that were not paid.
- Rent or deposits that were not returned.
- Damages for goods that were defective or not delivered.

All small claims proceedings are heard and decided by a **Magistrate**.

## Who can — and cannot — file a small claim?

This procedure is designed for individuals, and this limit matters.

**Can file as plaintiff:** only natural persons (individuals). This includes a partner in a business partnership claiming in their own name.

**Cannot file as plaintiff:** companies (Sdn Bhd) and limited liability partnerships (PLT). Such entities cannot commence a small claim.

However, that restriction applies only to the party suing. A **company can be a defendant** in a small claim — only, according to the official Malaysian Courts guide, the sole circumstance in which representation is allowed is where the defendant is **required by law** to be represented by an authorized person (*authorized person*), not a lawyer.

The most prominent rule: **no legal representation is allowed** for any party during the hearing. You may consult a lawyer outside court to prepare the case, but inside the courtroom, you speak on your own behalf. The only exception is where the law requires the defendant to be represented by an authorized person.

## How much does it cost, and what forms are involved?

One of the biggest attractions of a small claim is its low cost. The following is the official schedule of fees by form, as set by the Malaysian Courts:

| No. | Document | Form | Fee |
| --- | --- | --- | --- |
| 1 | Writ (commencing the claim) | 198 | RM20.00 |
| 2 | Statement of Defence / Counterclaim | 199 | RM8.00 |
| 3 | Defence to Counterclaim | 200 | RM8.00 |
| 4 | Judgment (defendant does not file a defence) | 201 | RM40.00 |
| 5 | Judgment (defendant does not appear) | 202 | RM40.00 |
| 6 | Judgment (plaintiff does not appear) | 203 | RM40.00 |
| 7 | Judgment (defendant admits the claim) | 204 | RM40.00 |
| 8 | Application to set aside a judgment/order | 205 | RM20.00 |
| 9 | Consent judgment | 206 | RM40.00 |
| 10 | Judgment after trial | 207 | RM40.00 |
| 11 | Notice to Judgment Debtor to Show Cause | 208 | RM20.00 |

Besides the form fees, serving the writ on the defendant together with filing the **Affidavit of Service** costs **RM8**.

Compare this with an ordinary Magistrates' Court suit, where the fee to file the writ is far higher than the RM20 for a small claim. The total to commence and serve a small claim (Form 198 + Affidavit of Service) is usually under RM30.

## How does the filing process work, step by step?

The process can be done manually at the court counter or online through the e-Kehakiman portal. Here is the manual flow for a plaintiff:

1. **Obtain Form 198.** Go to the nearest Subordinate Courts Registry and request the small claim form, which is the Writ in Form 198.
2. **Prepare 4 copies.** Complete the form fully — the parties' particulars, the amount claimed, and the basis of the claim — and prepare four copies.
3. **File and pay the fee.** Submit the completed form to the Registry and pay the RM20 fee. The court will then inform you of the hearing date.
4. **Serve the writ on the defendant.** You (the plaintiff) must serve the sealed writ on the defendant — personally or by prepaid registered post to the last known address — and file the Affidavit of Service (fee RM8).

For online filing, you subscribe as a user for free on the *judiciary.kehakiman.gov.my* portal, fill in the e-form template or upload documents, and pay the prescribed fee at the counter when you bring the reference slip. All subsequent case notifications are made by email, and follow-up filings must be done online.

Once the writ is served, the defendant has **14 days from the date of service** to file a defence (and a counterclaim, if any) in **Form 199**. Lawyers' sources estimate that a hearing is usually fixed within a month of the writ filing date, although the actual date depends on the court's schedule.

## What happens during the hearing?

A small claims hearing is brief and informal compared with a full civil trial, but the burden still rests on the plaintiff.

- The hearing is conducted by a Magistrate.
- The parties may consult a lawyer beforehand, but cannot be represented by a lawyer during the hearing.
- **The plaintiff must prove the claim** by producing witnesses and presenting documentary evidence — receipts, agreements, messages, invoices.
- The defendant, in turn, defends the claim with their own witnesses and documents.
- At the end of the hearing, the Magistrate decides to allow or dismiss the claim.

This means the readiness of your documents is the deciding factor. Bring originals, arrange them chronologically, and prepare copies.

Two important points about the decision:

- **The Magistrate's judgment is final** — no party may appeal to a higher court.
- **The costs that can be awarded are limited to RM100** to any party. You will not recover large legal fees here, because there are no lawyers involved in the first place.

## What if the defendant does not defend or does not appear?

The system protects a plaintiff whose claim is ignored.

If the defendant **fails to file a defence within 14 days** or **fails to appear at the hearing**, the court may enter a default judgment against them, and the plaintiff obtains the judgment sum as claimed. Depending on the circumstances:

- Defendant does not file a defence → the plaintiff files a judgment in **Form 201** and serves it personally on the defendant.
- Defendant does not appear at the hearing → judgment in **Form 202**.
- Plaintiff, in turn, does not appear → judgment may be entered against the plaintiff in **Form 203**.

A defendant against whom a judgment is entered in their absence is not without remedy: they are entitled to apply to **set aside the judgment or order** by filing **Form 205** (fee RM20). This is not an appeal — it is an application to reopen the case, usually by showing reasonable cause for the absence.

## You won but the defendant refuses to pay — how do you enforce the judgment?

Winning a judgment and getting the money are two different things. If the judgment debtor does not comply with the judgment, the plaintiff commences enforcement with a **notice to show cause in Form 208**.

After receiving that notice from the winning party, the court may issue one of the following orders:

- **Writ of seizure and sale (Form 84)** — the debtor's property is seized and sold to settle the debt.
- **Payment by instalments** — giving the debtor a period to settle the debt in stages.
- **Committal to prison** — ordering the judgment debtor to be imprisoned.

These steps give teeth to your judgment; without filing Form 208, the judgment remains merely a piece of paper.

## Small claims versus full civil litigation: what is the difference?

The small claims procedure is one point on the spectrum of the Malaysian civil courts. When the amount exceeds RM5,000, you move to an ordinary suit with more formalities — pleadings, discovery of documents, and permitted legal representation. The following table places small claims in context:

| Forum | Financial jurisdiction | Lawyers | Appeal |
| --- | --- | --- | --- |
| Small Claims (Magistrates' Court, Order 93) | Up to RM5,000 | Not allowed | None |
| Magistrates' Court (ordinary civil) | Up to RM100,000 (s.90 Subordinate Courts Act 1948) | Allowed | Yes |
| Sessions Court | Up to RM1,000,000 (s.65 Subordinate Courts Act 1948) | Allowed | Yes |
| High Court | No limit (unlimited jurisdiction) | Allowed | Yes |

The main difference is not merely the sum of money. In full litigation, you face formal pleadings, interlocutory procedures, legal costs that can far exceed RM100, and the right to appeal. A small claim trades away all that complexity for swift finality: one hearing, one decision, no appeal.

## When should you go to the Tribunal instead of the court?

For some disputes, there is a more suitable forum than the small claims court. If your problem involves the purchase of goods or services as a **consumer**, the **Tribunal for Consumer Claims Malaysia (TTPM)** — established under the Consumer Protection Act 1999 — may be more suitable. The TTPM is an alternative forum parallel to the small claims court, not a part of it.

How the TTPM differs from a small claim:

- Higher claim limit: up to **RM50,000** (compared with RM5,000).
- Lower filing fee: only **RM5**.
- No lawyer allowed; both parties represent themselves.
- The award is made within **60 days** of the first day of the hearing (Section 112(1) of the Consumer Protection Act 1999), and the parties are given 14 days to comply with it.

The drawback: the TTPM's scope is limited to consumer disputes (goods and services purchased). If your debt is a personal loan between friends, or unpaid rent, that is outside consumer jurisdiction and a small claim in the Magistrates' Court is the correct route.

## Decision framework: which forum for your dispute?

Use this short sequence to choose a forum:

1. **Are you an individual, and is the amount RM5,000 or below?** If so, and it is not a consumer dispute, a small claim in the Magistrates' Court is the cheapest and fastest option.
2. **Is it a consumer dispute (goods/services purchased) up to RM50,000?** Consider the TTPM — lower fee, higher limit, no lawyers.
3. **Is the amount between RM5,001 and RM100,000?** File an ordinary civil suit in the Magistrates' Court; you may now — and probably should — appoint a lawyer.
4. **Is the amount between RM100,001 and RM1,000,000?** Sessions Court.
5. **Over RM1,000,000, or a complex non-monetary claim?** High Court.

## Common mistakes to avoid

- **Claiming more than RM5,000 under the small claims procedure.** It will be rejected from this channel. Do not try to "break up" one large debt into several small claims to avoid the limit.
- **Letting a company file.** If your business is an Sdn Bhd, it cannot be a small claims plaintiff — only individuals can.
- **Coming without written evidence.** The plaintiff bears the burden of proving the claim. No receipts, agreements, or message records means no proof.
- **Forgetting to serve the writ and file the Affidavit of Service.** Without valid service, the case cannot proceed.
- **Assuming a judgment means automatic payment.** You still need to file Form 208 and apply for an enforcement order if the defendant refuses to pay.
- **Expecting a right to appeal.** A small claims decision is final. Prepare your best case at the first attempt.

## What next?

Before filing, gather every document that supports your claim and confirm the exact amount owed — make sure it is RM5,000 or less. Then go to the nearest Subordinate Courts Registry to obtain Form 198, or register on the e-Kehakiman portal to file online.

If the amount exceeds RM5,000, or the dispute involves complex issues, seek a lawyer's advice on the ordinary civil suit route. For consumer disputes, first check whether the Tribunal for Consumer Claims Malaysia offers a cheaper and faster path.

Note: this guide is general information and not legal advice. Fees and forms may change — verify current figures with the Court Registry or the official Malaysian Courts portal before filing.

## Sources

- General Information: What Is Small Claim Court? (Panduan Rasmi Mahkamah) — https://ekss-portal.kehakiman.gov.my/portals/media/attachments/Self-Representative/Small%20Claim.pdf (Mahkamah Malaysia (Portal e-Kehakiman))
- Prosedur Tuntutan Kecil — https://selangor.kehakiman.gov.my/ms/prosedur-tuntutan-kecil (Portal Rasmi Mahkamah Negeri Selangor)
- Kenali Mahkamah Tuntutan Kecil — https://www.malaysianbar.org.my/article/news/legal-and-general-news/members-opinions/kenali-mahkamah-tuntutan-kecil (Majlis Peguam Malaysia (The Malaysian Bar))
- Small Claims Procedure for Disputes Below RM5,000 — https://mahwengkwai.com/small-claims-procedure-disputes-below-rm5000/ (MahWengKwai & Associates)
- Small Claims: No Lawyers Needed! — https://www.thomasphilip.com.my/articles/small-claims-no-lawyers-needed/ (Thomas Philip Advocates & Solicitors)
- Navigating the Malaysian Civil Court System: Jurisdiction of the Courts — https://rickytan.com.my/2024/04/15/navigating-the-malaysian-civil-court-system-jurisdiction-of-the-courts/ (Ricky Tan & Co)
- Tribunal Tuntutan Pengguna (TTPM) — https://www.iaalawyers.com/2026/01/16/tribunal-tuntutan-pengguna-ttpm/ (Izzati & Associates)
- Soalan Lazim — Tribunal Tuntutan Pengguna Malaysia (had RM50,000; fi RM5; tempoh mematuhi 14 hari) — https://ttpm.kpdn.gov.my/soalan-lazim.html (TTPM / KPDN (portal rasmi))
- Tribunal for Consumer Claims (FAQ) — https://www.kpdn.gov.my/en/faq/tribunal-for-consumer-claims (Kementerian Perdagangan Dalam Negeri dan Kos Sara Hidup (KPDN))
- Akta Perlindungan Pengguna 1999 (Akta 599), s.112(1) — award dalam 60 hari dari hari pertama pendengaran — https://mysafe.kpdn.gov.my/img/portal/consumer-safety/akta_perlindunganpengguna1999.pdf (KPDN (cetakan semula rasmi Akta 599))
- Subordinate Courts Act 1948 (Act 92), Text of Reprint as at 1 May 2013 — ss.65 and 90 — https://tcclaw.com.my/wp-content/uploads/2025/08/Subordinate-Courts-Act-1948.pdf (Laws of Malaysia / Attorney General's Chambers (reprint text))

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