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WHAT HAPPENS IF MY DEFENDANT DENIES OR DISPUTE THE CLAIM ?

Dispute may refer to a situation where the defendant disagree with the claim amount you filed in or question the truth of the statement of your claim.

Where the defendant being duly served with the sealed Form 164 disputes the claim, he or she must file in a statement of defence in Form 165 - Statement Of Defence/Counter Claim Form before the date stated in the sealed form.

Form 165 is given free of charge.

Form 165 must be filed in 4 copies and before the date stated in the sealed form which is normally 14 days after the service of claim.

The defendant will have to fill in the particulars as to why he or she disputes the claim.

If the defendant counterclaim, he or she will have to state the amount and the particulars of the counterclaim in the form.

Counterclaim means the defendant is in the opposite manner making a claim on you.

Form 165 must be signed or right thumbprinted by the defendant personally.

Form 165 must then be filed in the Court Registry and he or she has to pay RM$10.00 for filing fee.

The Registry will put the seal of the Court on the 4 copies of the Form 165 and return a copy to the defendant.

The defendant will then serve the copy of the sealed Form 165 to you by

• personal service or
• prepaid registered post addressed to your last known address.

Thereafter, the defendant must appear in the Court on the trial date and time shown on the sealed form if he or she does not agree with your claim.

To support the defendant case, he or she should bring all witnesses, books and other papers.

DO I HAVE TO DO ANYTHING IF I DO NOT ADMIT THE DEFENDANT'S COUNTERCLAIM IN FORM 165 ?

Yes.

Where you have been duly served with Form 165 and there is a counterclaim and that you dispute the claim, you must file in Form 166 - Defence to Counterclaim Form.

Form 166 is given free of charge.

You must state the particulars as to why you dispute the counterclaim in Form 166.

Thereafter, you have to sign or right thumbprint the form personally.

You should then file in the form in 4 copies in the Court Registry and pay a filing fee of RM$10.00.

The Registry will put the seal of the Court on the 4 copies of the form and return to you a copy.