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WHAT HAPPENS IF MY RESPONDENT DISPUTE THE CLAIM ?

Where the respondent being duly served with the sealed Form 1 disputes the claim, he or she must file in a defence or counterclaim in Form 2.

Form 2 is given free of charge and can be obtained from the nearest Tribunal Office.

Form 2 must be filed in 4 copies at the same Tribunal Office where Form 1 was filed within 14 days after the receipt of Form 1 by the respondent.

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

Form 2 must be signed by the respondent personally.

Form 2 must then be filed in the Tribunal Office and he or she has to pay RM$10.00 for filing fee. An official receipt will be issued to the respondent.

The Secretary or Assistant Secretary will put the seal of the Tribunal on the 4 copies of the Form 2 and shall cause the form to be registered, dated and signed.

2 copies of the Form 2 will be returned to the respondent.

The respondent will then serve a copy of the sealed Form 2 to you by :

in the case of individual

• leaving the document with you
• tendering the document to you or
• posting the document in a prepaid registered letter addressed to your last known address

in the case of a company or firm

• leaving the document with the director, manager, secretary or other similar officer of the company or the proprietor of the firm
• tendering the document to any of the persons mentioned above or
• posting the document in a prepaid registered letter addressed to any of the persons mentioned above at the registered office of the company or firm or at its address for service

DO I HAVE TO DO ANYTHING IF I DO NOT ADMIT THE RESPONDENT'S COUNTERCLAIM IN FORM 2 ?

Yes.

Where you have been duly served with Form 2 and there is a counterclaim and that you dispute the claim, you must file in your defence in Form 3.

Form 3 is given free of charge and can be obtained from the nearest Tribunal Office.

You must state the particulars as to why you dispute the counterclaim in Form 3.

Thereafter, you have to sign the form personally.

You should then file in the form in 4 copies in the Tribunal Office and pay a filing fee of RM$10.00. An official receipt will be issued.

The Secretary or Assistant Secretary to the Tribunal shall cause 4 copies of Form 3 to be registered, dated, signed and sealed with the seal of the Tribunal and 2 sealed copies of Form 3 will be returned to you.

You shall then serve a copy of Form 3 on the respondent by :

in the case of individual

• leaving the document with the respondent
• tendering the document to the respondent or
• posting the document in a prepaid registered letter addressed to the respondent's last known address

in the case of a company or firm

• leaving the document with the director, manager, secretary or other similar officer of the company or the proprietor of the firm.
• tendering the document to any of the persons mentioned above or
• posting the document in a prepaid registered letter addressed to any of the persons mentioned above at the registered office of the company or firm or at its address for service.