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WHAT ARE SMALL CLAIMS ?

In Malaysia, small claim proceedings are heard in the Magistrate Court.

Small claims are governed under the Order 54 Small Claims Procedures of the Subordinate Courts Rules 1980.

The Magistrate Court will handle disputes between individuals or an individual making a claim against a business.

Your claim can be filed under the Small Claims Procedure if the amount in dispute or the value of the subject-matter of the claim does not exceed RM$5,000.00.

CAN I BE REPRESENTED BY AN ADVOCATE OR SOLICITOR ?

No. But you can consult a lawyer.

No party in this proceedings can be represented by an advocate or solicitor, except where the defendant is required by the laws to be represented by an advocate or such other authorized person.

No party is entitled to recover any advocacy costs to the proceedings from any other party to the proceedings.

IS IT COMPLICATED TO TAKE A CASE TO SMALL CLAIMS PROCEDURE ?

Small Claims Procedure is a very simplified procedure.

Nevertheless, those who are unfamiliar with the process may find it quite complicated.

Furthermore, words such as "judgment debtor", "defendant", "judgment", "hearing" and "adjourn" are considered legal jargon to most individual.

DOES IT MAKE SENSE TO FILE IN A SMALL CLAIM ?

It depends on the unique facts and the circumstance of your situation.

Before filing a small claim you should try to settle the matter on an informal basis including sending a formal written demand to the other side.

You should consider whether it is worth your time and effort and mental anguish involved.

An important issue you should take into account is the possibilities of collecting the money from the defendant if you win.

Finally, you should look into the impact on your future relationship with the other side.