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| Legal Subjects > Litigation > Small Claims | |||||
Main Category Related Topics HOW MUCH IS THE COST TO FILE A SMALL CLAIM ?All you have to pay is the filing fee to start the action. The filing fee to file in a Small Claim is only RM$10.00. You may also need to pay for prepaid register postage if you are effecting the service of Form 164 by post. Where you consult a lawyer, you will need to pay for advocacy costs. HOW DO I START A SMALL CLAIM ACTION ?It does make sense to go to the Magistrate Court nearest to where you reside or where the person you want to sue resides or where the accident occurred, to file in a Small Claim. Obtain Form 164 - Summons Form from the Court Registry Clerk. The form is given free of charge. In the first part of the form, fill in your full name, address and Identity Card number. You should then state the full name, last known address and Identity Card number of the defendant or the person you wanted to sue in the second part. In the third part, you must state the exact amount claimed and the particulars of your claim. The particulars must state the relevant date and how the claim has arisen or what is the basis of the claim. Having filled in the particulars, the form must be signed or right thumbprinted by you personally. Having completed the form, you must file in the form in 4 copies in the Registry of the Second Class Magistrate's Court. You will be required to pay the filing fee of RM$10.00. The Registry will put the seal of the Court on the 4 copies of the form and fill in the hearing date. A copy of the form will be returned to you. WHAT SHOULD I DO AFTER THE FORM 164 IS SEALED BY THE COURT ?You should serve the copy of the form duly sealed by the court on the defendant. The service of the form must be effected by
Once the defendant received the form, he or she should be aware that your are suing him or her. Instruction and order to the defendant are stated in the sealed form. You and the defendant will be requested to appear in the Court on the trial date stated in the sealed form.
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