‘Small Claims’ is heard in a Magistrate Court where both the plaintiff and defendant will NOT be represented by lawyers (except where the defendant is required by law to be represented by an authorized person). What this means is both the plaintiff and defendant will have to ‘fight’ their case on their own.
There are only 2 criteria to initiate a claim in the small claims court:-
a) Claim below RM5,000; and
b) Plaintiff is an individual (not an agent or assignee of someone else’s debts).
The proceedings in a small claims court is governed by Order 93 of the Rules of Court 2012 (“ROC“).
The Summary is as follow:-
| Plaintiff | Defendant |
|---|---|
| State the amount and particulars of the claim in Form 198 of ROC. | Upon receiving Form 198 from the Plaintiff (if the Defendant intends to dispute the claim), he may file 4 copies of his defence in Form 199 of ROC within 14 days after service of Form 198. |
| File 4 copies of Form 198 in court and pay the prescribed fees. | Form 199 shall contain particulars as to why the Defendant dispute the claim and counterclaim (if any). |
| Extract sealed copies of Form 198 from court. | Serve a copy of Form 199 to the Plaintiff. |
| Serve a sealed copy of Form 198 to the Defendant by personal service or prepaid registered post to the last known address of the Defendant. | |
| If the Plaintiff did not receive a Form 199, the court may give judgment for the Plaintiff. | |
| If the Plaintiff received a counterclaim in a Form 199, he shall have to file a defence to such counterclaim in Form 200 of ROC. | Where the Plaintiff is absent at the hearing, judgment shall be entered for the Defendant. |
| Where the Defendant is absent at the hearing, judgment shall be entered for the Plaintiff | |
| After the hearing, the court shall give a decision. | |
* Copies of the Forms of ROC mentioned above can be found in the attachment below this Article.
Before deciding a case, the court will usually assist the parties in settlement. If the parties cannot settle, the court will consider all documentary and oral evidence and hear argument from the parties. It is therefore advisable to prepare your case before commencing an action (if you are the Plaintiff).
Although lawyers cannot represent the parties in court, there is no harm consulting one. Legal consultation can be a great help in preparing the case.