I have received a writ of summons in Malaysia. What should I do?

A writ of summons is the document that starts a civil lawsuit. It usually comes with a statement of claim setting out what the plaintiff says you did and what they want. Receiving one is stressful, but the steps are clear and the deadlines are short.

What is in the writ?

• The court where the action was filed and the case number.
• The parties: the plaintiff (who is suing) and the defendant (you).
• The statement of claim: the facts relied on and the remedies sought, such as a sum of money, damages or an injunction.
• A notice telling you the time to enter appearance.

What are the deadlines?

Under the Rules of Court 2012:

Step	Usual deadline (Peninsular Malaysia)
Enter appearance (file a memorandum of appearance)	14 days after service of the writ (Order 12 rule 4)
File and serve a defence	14 days after the time limited for appearance, or after service of the statement of claim if later (Order 18)

Different periods can apply in Sabah and Sarawak or if you were served outside Malaysia. Count carefully from the date you were served, and do not assume weekends give you extra time.

What if I miss the deadline?

If you do not enter appearance or file a defence in time, the plaintiff may enter judgment in default (Orders 13 and 19) without a trial. That judgment can then be enforced against your bank account, property or salary. A default judgment can sometimes be set aside, but you will need to act quickly and usually show a defence on the merits.

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What are my options?

1. Defend the claim: file a defence denying the allegations, with your version of the facts.
2. Counterclaim: if the plaintiff owes you money or caused you loss, you may claim against them in the same action.
3. Settle: negotiate payment, an instalment plan or another outcome. Settlements are usually recorded as a consent judgment or by withdrawing the action.
4. Challenge the writ: in some cases, for example wrong court or improper service, you may apply to set aside the writ or service.
5. Admit the claim: if the debt is genuinely owed, admitting it and negotiating terms may save costs.

Can the plaintiff get judgment without trial even if I defend?

Yes, in some cases. The plaintiff may apply for summary judgment if they say you have no real defence. You will need to show, by affidavit, that there are issues that should go to trial.

What should I prepare?

• The writ and statement of claim, with the date and manner you received them.
• All contracts, invoices, receipts, letters and messages with the plaintiff.
• A timeline of events.
• Names of witnesses.
• Any letter of demand you received earlier.

Common mistakes: ignoring the writ, assuming a phone call to the plaintiff stops time running, contacting the plaintiff's witnesses, and moving assets (which can create further legal problems).

When to speak to a lawyer

As soon as you receive the writ. A company defendant usually needs to be represented by a lawyer. You can contact us; every case depends on its facts.

Frequently asked questions

Can I defend the case myself?

An individual may act in person. Companies generally need a lawyer, subject to the rules.

The writ was left at my house when I was away. Does the deadline still run?

Possibly. The rules on what counts as valid service are technical. Get advice quickly.

Can I ask for more time?

Extensions can sometimes be agreed with the plaintiff's lawyers or ordered by the court. Do not assume one will be given.

What happens at the first court date?

Usually a case management date where the court gives directions on documents and timelines.

Will settling mean I admit liability?

Not necessarily. Settlement terms can state that there is no admission of liability.

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. Subordinate Courts Act 1948 (Act 92), AGC Laws of Malaysia
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026