Civil litigation and debt recovery in Kuala Lumpur

A letter of demand (notis tuntutan) is a formal written demand from one party to another, usually for payment of a debt, performance of a contract or a remedy for a wrong. It is normally sent before court proceedings start. It is often useful, but the right approach depends on urgency, the evidence, the time limit and the risk of assets being moved.

It depends mainly on the value. The Magistrates' Court hears claims up to RM100,000, the Sessions Court from RM100,001 to RM1 million, and the High Court above RM1 million or matters outside the lower courts' jurisdiction. The case is generally heard where the cause of action arose or where the defendant resides; for Johor-based defendants that often means the Johor Bahru courts.

Summary judgment under Order 14 lets the court give judgment without a full trial where the defendant has no real defence. Under National Company for Foreign Trade v Kayu Raya Sdn Bhd [1984] 2 MLJ 300, the defendant must show a triable issue of fact or law, not merely a bare assertion that the claim is disputed.

A Writ of Summons under Order 6 of the Rules of Court 2012 starts civil actions with substantial disputes of fact, which are decided after a trial with witnesses. An Originating Summons under Order 7 is used where the issue is mainly the interpretation of a statute or document and the factual dispute is limited, so it is usually decided on affidavits.