Malaysia · letters of demand, writs, bankruptcy notices
Got a letter from a lawyer, a collector or a court?
Collection letters, solicitors' letters of demand, writs and bankruptcy notices look the same to most people. They are not the same. Some carry a clock that is already running. Answer seven questions and this page tells you which document you are holding, how many days the law gives you, and what happens if you do nothing.
It never asks for your name, the amount, or who the creditor is. Nothing you enter leaves your browser.
Why the date matters
A writ gives you 14 days to enter an appearance [Rules of Court 2012, Order 12 rule 4]. A bankruptcy notice gives you 7 days [Insolvency Act 1967, section 3(1)(i)]. Both clocks start from service, not from the day you open the envelope. If you do nothing, the other side can move to the next step without you.
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Question 1 of 6
Who sent it?
Look at the letterhead and the signature block.
Choose an answer to continue.
Where this sits on the ladder
Every debt claim climbs the same ladder. The document you are holding is one rung. The next rung is what happens if the deadline passes.
Demand letter
A private letter from the person owed money, a collection agency or a law firm. No legal deadline.
Writ of summons
The court case is filed and delivered. The debtor must tell the court they will defend it, or lose by default.
14 days
Rules of Court 2012, Order 12 rule 4
Judgment
The court decides, or gives judgment because nobody defended. The debtor can ask for it to be cancelled, within the time allowed.
30 days
Rules of Court 2012, Order 42 rule 13
Enforcement
Questioning under oath, bank account orders, seizure and sale, land freezes. The tools that turn a judgment into money.
Bankruptcy notice
For a person with an unpaid court judgment. The last document before a bankruptcy petition.
7 days
Applies above RM100,000
Insolvency Act 1967, section 3(1)(i) · Insolvency Act 1967, section 5(1)(a)
Statutory demand (winding up)
For a company. The last document before a winding-up petition.
21 days
Applies above RM50,000
Companies Act 2016, section 466(1)(a) · Gazette Notification No. 4159 (29 March 2021)
Questions people ask
Is a lawyer's letter the same as a summons?
No. A lawyer's letter is a private letter. It asks you to pay or to do something, but no court is involved yet. A summons, also called a writ, comes from a court. It has a court seal and a case number. Only the court document starts a legal deadline. For a writ, you have 14 days to tell the court that you will defend the case [Rules of Court 2012, Order 12 rule 4].
How many days do I have?
That depends on what you are holding. A writ from a court: 14 days. A judgment: 30 days to ask the court to cancel it. A bankruptcy notice: 7 days. A section 466 notice sent to a company: 21 days. All of these count from the day the document was served on you. A lawyer's letter or a collection letter has no legal deadline. The "7 days" or "14 days" written in it is the sender's own timetable. Use the check above to see which one applies to you.
Can they arrest me or seize my things because of this letter?
No. A letter cannot do that. Before anyone can take your things or your money, a court must first give a judgment. After that, the creditor must go back to court for a separate order. Owing money is not a crime. If someone threatens you with arrest or jail over an unpaid loan, that is a warning sign, not the law.
The debt is very old. Do I still have to pay?
Maybe not through the courts. In Peninsular Malaysia, a creditor normally has 6 years from the date the payment was due to sue you [Limitation Act 1953, section 6(1)(a)]. After that, you can ask the court to throw the case out because it is too late. In Sabah and Sarawak, the period for money lent is 3 years. Two things restart the clock: paying any amount, even a small one, and signing a letter or form that admits the debt [sections 26(2) and 27(1)]. The old debt does not vanish. The creditor can still write to you. But before you pay anything on an old debt, get advice first.
I never received the writ, but there is a judgment against me.
You can ask the court to cancel the judgment. You have 30 days from the day you receive it [Rules of Court 2012, Order 42 rule 13]. If the writ was sent by post, the creditor must show the signed A.R. card as proof that you received it. Without that card, the court should not have given a default judgment [Goh Teng Whoo v Ample Objectives, Federal Court, 2021]. Bring the judgment and any envelope you still have.
How do I know the letter is from a real law firm?
Look for the firm's name on the Malaysian Bar's directory at legaldirectory.malaysianbar.org.my. Every real firm and lawyer is listed there. For a court document in Peninsular Malaysia filed through the e-Kehakiman system, scan the QR code on it, or type the Document Serial No. into the Judiciary's verifier at ecourtservices.kehakiman.gov.my/Document/Verifier. In Sabah and Sarawak, type the printed verification code into ekss-portal.kehakiman.gov.my/portals/verify. If the firm is not in the directory, or the QR code does not open the Judiciary's own website, do not pay.
What will you charge?
We are not allowed to publish fees. The Legal Profession (Publicity) Rules 2025 forbid it. Send us the letter. We will tell you what the work involves before you decide anything.
Tai & Khan Partnership · Advocates & Solicitors · No. 36A, Jalan SS 21/58, Damansara Utama, 47400 Petaling Jaya, Selangor
This page explains the law in general terms. It is not legal advice on your case, and using it does not make you a client of the firm.