How do I serve court papers if the other party has moved or cannot be found in Malaysia?

You have filed a claim, but the debtor has moved house, stopped answering calls and closed their shop. A court case cannot move forward until the defendant has been properly served with the papers. When normal service fails, Malaysian civil procedure provides a way forward: substituted service.

How are court papers normally served?

Under the Rules of Court 2012, a writ is generally served on an individual personally (handing it to the defendant), or by prepaid AR registered post to the defendant's last known address, as allowed by Order 10. A company can be served at its registered office.

Service matters because the defendant must have a fair chance to know about the case and respond. Time for entering appearance and filing a defence runs from service. If service is defective, any judgment obtained may later be set aside.

What if the defendant cannot be found?

If personal service and posting have failed, for example because the AR card comes back unclaimed or the address is empty, the claimant can apply to court for substituted service under Order 62 of the Rules of Court 2012. The court may make the order where it is impracticable to serve the document in the usual way.

The application is supported by an affidavit describing the attempts made. Courts expect real efforts, not a single visit. A typical affidavit sets out:

• the addresses visited, with dates and times;
• what the process server saw and was told (for example, a neighbour saying the defendant moved out);
• the results of registered post;
• searches made, such as company records or other public records where appropriate;
• why the proposed method of substituted service is likely to bring the papers to the defendant's attention.

What methods can the court allow?

The court decides the method based on the facts. Common methods include:

• posting the papers at the defendant's last known address;
• placing a copy on the court notice board;
• advertisement in a newspaper circulating where the defendant is likely to be;
• other methods the court considers suitable in the circumstances.

The order states how service is to be done and when it is treated as complete. You must follow the order exactly and file proof.

Have a question about your own situation? Ask on WhatsApp

What happens after substituted service?

Once service is completed in accordance with the order, the case proceeds as normal. If the defendant does not enter appearance or file a defence within the time allowed, the claimant may apply for judgment in default under Orders 13 and 19 of the Rules of Court 2012.

A defendant who later learns of the judgment can apply to set it aside, for example by showing that service was irregular or that there is a genuine defence. That is why careful, honest attempts at service are important: they protect the judgment.

Getting judgment is one step; collecting the money is another. Our guide on enforcing a court judgment explains the options.

What are the practical steps?

1. Use every address you have: home, workplace, shop and any address in the contract.
2. Attempt personal service through a process server, at different times of day.
3. Send by AR registered post and keep the receipts and returned envelopes.
4. Record everything: dates, times, photographs of the premises, what neighbours or guards said.
5. Prepare the affidavit with your lawyer, attaching the evidence.
6. Apply for substituted service and propose a method likely to reach the defendant.
7. Serve exactly as ordered, file the affidavit of service and calendar the deadlines.

What should I prepare?

• All known addresses, phone numbers, email and social media details of the defendant.
• The contract, invoices and messages showing addresses the defendant used.
• Proof of earlier attempts: AR cards, returned letters, notes from visits.
• Names of people who may know where the defendant is.
• Your claim papers as filed.

Common mistakes

• One attempt only before applying; the court may refuse the order.
• Inaccurate affidavits: overstating attempts can lead to the judgment being set aside and other consequences. Affidavits must be truthful.
• Choosing an unsuitable method, such as advertising in a newspaper the defendant is unlikely to read.
• Not following the order exactly, for example posting at the wrong address.
• Forgetting the writ's validity period: a writ must be served within its validity period, which can be extended only by application.

Example

Mr Raj sued a former customer in the Batu Pahat Sessions Court for unpaid goods. The process server went to the customer's house three times on different days; the house was locked and a neighbour said the family had moved. The AR registered letter returned unclaimed. Mr Raj's lawyer filed an affidavit with photographs and the returned envelope, and the court ordered service by posting at the house and advertisement in a local newspaper. When the customer did not respond, judgment in default was entered.

When to speak to a lawyer

Speak to a lawyer once the first attempts at service fail, and before the writ's validity period runs short. A properly prepared affidavit and application save time later. Our firm acts in civil litigation in Johor Bahru, Batu Pahat and other courts. Contact us; every case depends on its facts.

Frequently asked questions

Can I serve the defendant through WhatsApp or email?

Not on your own initiative. The court can order a particular method if it considers it suitable on the evidence, so ask your lawyer.

How many attempts are enough?

There is no fixed number. The court looks at whether the attempts were genuine and reasonable in the circumstances.

What if the defendant shows up after default judgment?

They can apply to set the judgment aside. The court will look at service and whether there is a real defence.

Does substituted service apply to companies?

Companies are usually served at their registered office. If that fails, other options exist, but get advice.

What if the defendant is abroad?

Service outside Malaysia generally needs the court's leave under Order 11. See our guide on suing someone in Singapore.

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. Johor State Courts official portal (Office of the Chief Registrar, Federal Court of Malaysia)
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)
4. Judiciary e-Filing System (EFS), Office of the Chief Registrar, Federal Court of Malaysia

Fact-checked on 17 Oct 2026