How does the small claims procedure work in Malaysia?

For a small unpaid debt, a deposit that was never returned or a defective product, hiring a lawyer to run a full lawsuit may not make sense. Malaysia's small claims procedure is designed to be quick, simple and inexpensive.

Who can use small claims?

According to the judiciary's official guidance on Order 93 of the Rules of Court 2012:

• The plaintiff must be an individual. Companies cannot start a small claim.
• The defendant can be an individual or a company.
• The amount claimed must not exceed RM5,000.
• Cases are heard and decided by a Magistrate.
• Parties cannot be represented by lawyers at the hearing, except where the law requires a defendant to be represented by an authorised person.

How do I file?

1. Get Form 198 (Small Claim Writ) from the nearest Subordinate Court registry, or download it from the official court portal.
2. Fill in the parties' details, the type of claim and the amount you are claiming.
3. Sign or thumbprint the form personally.
4. File the completed copies at the Magistrates' Court registry with the prescribed filing fee. The official guidance lists the fee for Form 198 as RM20. You will be given a hearing date.
5. Serve the sealed Form 198 on the defendant, by personal service or prepaid registered post to their last known address, as the rules allow.

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What happens after the defendant is served?

The defendant has 14 days to file a defence (and any counterclaim) in Form 199. If they do not file a defence, you may be able to get judgment. If the defendant admits the claim, judgment can be entered on that basis.

What happens at the hearing?

• The Magistrate conducts the hearing and may ask both sides questions.
• You must prove your claim, by bringing witnesses and documents.
• Bring originals and copies of contracts, receipts, invoices, photographs and messages.
• If you do not attend, your claim may be dismissed; if the defendant does not attend, judgment may be given against them.

What can a lawyer do for me?

A lawyer cannot appear for you at the hearing. You can, however, consult a lawyer beforehand: to check whether small claims is the right route, prepare a letter of demand, organise your evidence, and plan what to say. If the matter is worth more than RM5,000, or is legally complex, the normal court process may be more suitable.

What if the defendant does not pay?

A small claims judgment is a court judgment. If it is not paid, you can take enforcement steps through the court. See enforcing a judgment.

What should I prepare?

• A short timeline of what happened.
• The defendant's correct full name and address (for a company, its registered name and number).
• All documents and messages, printed and in order.
• A copy of any letter of demand you sent.

Common mistakes: claiming more than RM5,000 (you cannot split one claim to fit), naming the wrong defendant, failing to serve properly, and turning up without documents.

When to speak to a lawyer

Before filing, if you are unsure whether small claims suits your case, or if the defendant files a counterclaim. You can contact us; every case depends on its facts.

Frequently asked questions

Can my company use small claims?

No. Only individuals can start a small claim. A company can be sued in one.

Can I file online?

The courts offer e-filing facilities. Check the official court portal for current options.

Can I claim interest and costs?

You can include interest if agreed or allowed. Costs in small claims are limited.

What if my claim is slightly more than RM5,000?

It must go through the normal court process. You should not split one claim into several.

Is there a time limit?

Ordinary limitation periods apply, such as six years for contract claims under the Limitation Act 1953.

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. Office of the Chief Registrar, Federal Court: "What Is Small Claim Court?" (Order 93, Rules of Court 2012)
2. Selangor State Courts official portal: small claims procedure
3. Subordinate Courts Act 1948 (Act 92), AGC Laws of Malaysia
4. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia

Fact-checked on 17 Oct 2026