The defendant ignored my writ. How do I get judgment in default?

You sent a letter of demand, filed a writ, and had it served. Then nothing: no lawyer's letter, no appearance, no defence. Silence does not end the case. The Rules of Court 2012 let a claimant move to judgment without a trial when a defendant fails to take the required steps in time.

What time does the defendant have?

A defendant served with a writ in Malaya generally has 14 days after service to enter an appearance (Order 12, rule 4). A defendant who appears and wants to defend must then serve a defence within 14 days after the time limited for appearing or after the statement of claim is served, whichever is later (Order 18, rule 2). The court can extend these periods.

Default of appearance (Order 13)

If no appearance is entered in time, the claimant may enter judgment under Order 13. What kind depends on the claim:

• Liquidated demand (a fixed, calculable sum such as unpaid invoices or a loan): final judgment for the sum and, where claimed, interest and costs.
• Unliquidated damages (an amount the court must assess, such as damages for breach): interlocutory judgment, with the damages assessed at a later hearing.
• Claims for detention of goods, possession of land and mixed claims have their own rules within the Order.

Default of defence (Order 19)

If the defendant appears but does not serve a defence in time, Order 19 allows a similar judgment: final for a liquidated sum, interlocutory for damages to be assessed. For other kinds of relief, such as a declaration or an injunction, the claimant generally applies to the court for judgment.

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What must the claimant prove?

The key is valid service. The court will want an affidavit of service showing the writ was served properly (personally, or by another permitted mode, or under an order for substituted service). Judgment entered on defective service is at risk of being set aside as of right. Check, too, that the time limits have truly expired, counting from the correct date of service.

Can the defendant undo it?

Yes, possibly. The court may set aside or vary a default judgment on such terms as it thinks just (Order 13, rule 8; Order 19, rule 9). In general terms:

• A judgment that was irregular, for example entered without proper service or too early, is usually set aside.
• A regular judgment may still be set aside if the defendant shows a defence with real merit, and the court considers the explanation for the default and any delay.
• The court may impose terms, such as paying money into court or bearing the costs of the application.

What should I do first?

1. Diary the deadlines from the date of service.
2. File a proper affidavit of service with the documents served.
3. Choose the right judgment: final for a fixed sum, interlocutory for damages.
4. Claim interest and costs correctly, as pleaded in the writ.
5. Plan enforcement once judgment is sealed, and be ready to answer any setting-aside application.

Example

A supplier sues a café for RM38,000 in unpaid invoices. The writ is served personally on the director at the café. Fifteen days later there is no appearance. The supplier files the affidavit of service and enters final judgment for the sum, interest and costs, then turns to enforcing the judgment.

Common mistakes

• Entering judgment a day too early, which makes it irregular.
• Claiming a damages figure as if it were a fixed debt.
• Relying on informal service, such as a WhatsApp message, without a court order.
• Assuming the case is over: a defendant can still apply to set aside.

When to speak to a lawyer

Speak to a lawyer before entering default judgment, especially if service was unusual or the claim mixes debt and damages. See our civil litigation page; you can also contact us. If you are the defendant, see received a writ of summons.

Frequently asked questions

Is default judgment the same as summary judgment?

No. Default judgment follows a failure to take a step in time. Summary judgment is applied for when the defendant has appeared but has no real defence.

What if I cannot find the defendant to serve the writ?

You may apply for substituted service. See substituted service.

Can I enforce a default judgment straight away?

Once the judgment is entered and sealed, enforcement can generally begin, but a pending setting-aside application may affect timing.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
2. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)
3. Judiciary e-Filing System (EFS), Office of the Chief Registrar, Federal Court of Malaysia

Fact-checked on 17 Oct 2026