Lodge a police report within 24 hours, get medical treatment and keep every report and receipt. Claims for injury or vehicle damage are usually made against the at-fault driver, with their motor insurer handling the claim. If it does not settle, you can sue; the Magistrates' Court hears claims up to RM100,000 and the Sessions Court up to RM1 million. Time limits apply, so get advice early.
Compensation is made up of general damages for the injury itself (pain, suffering and loss of amenity) and special damages for proven financial losses such as medical bills and lost income. Courts also consider future loss of earnings and future treatment. Past awards for similar injuries are used as a guide. Every claim depends on medical evidence and documents.
You may have a claim if the owner or occupier failed to take reasonable care to keep the premises safe and that failure caused your injury. Not every fall gives a claim. Report the incident on the spot, photograph the hazard, ask for CCTV to be preserved, see a doctor and keep receipts. Damages may be reduced if you were careless.
Yes, an oral loan can still be enforced. You must prove that money was lent (not gifted) and that it was meant to be repaid. Bank transfer records and messages where the borrower admits the debt are key evidence. Send a letter of demand, then sue: small claims up to RM5,000, or the normal court process. Act within six years.
Small claims is a simplified Magistrates' Court procedure for individuals claiming RM5,000 or less. You file Form 198 at the Subordinate Court registry, serve it on the defendant, who has 14 days to file a defence in Form 199, and the Magistrate hears the case. Lawyers cannot represent parties at the hearing, but you can get advice beforehand.
Do not ignore it. Under the Rules of Court 2012, you generally have 14 days after service to enter an appearance and a further 14 days after that to file a defence. If you miss these deadlines, the plaintiff can ask for judgment in default without a trial. Read the claim, gather documents and get legal advice immediately.
A judgment is only useful if it is paid. If the debtor does not pay, you can ask the court to seize and sell assets, freeze money owed to the debtor (such as bank balances) through a garnishee order, examine the debtor's means, charge land, or start bankruptcy (judgment debt of at least RM100,000) or winding-up proceedings (company debt above RM50,000).
Start with your contract and evidence: photographs, a defect list and payment records. Give the contractor written notice to fix the defects. If they refuse, consumers may claim up to RM50,000 at the Tribunal for Consumer Claims within three years, or sue in court. CIPAA adjudication deals with payment disputes under written construction contracts but generally does not apply to individuals building their own low-rise home.
Your tenancy agreement usually decides when the deposit must be returned and what may be deducted, such as unpaid rent, utilities and damage beyond fair wear and tear. Document the property's condition at move-in and move-out, ask in writing for an itemised account, send a letter of demand, then claim: small claims for RM5,000 or less, or the Magistrates' Court for more.
