# How do I enforce a judgment in Malaysia?

A Malaysian judgment does not collect itself: you apply to the court for a garnishee order on bank accounts, seizure and sale of goods or land, or a judgment debtor summons. After 6 years a writ of seizure and sale needs the court's permission, so act well within 12 years. EPF cannot be taken.

By [Harith Khan](https://www.tkp.com.my/partners/harith) · Published 29 October 2026 · Last reviewed 6 November 2026

## How do I enforce a judgment in Malaysia? The short answer

In Malaysia a court judgment does not collect itself: if the debtor does not pay, you must apply to the court to enforce it. You can ask for one court order or several at once, against the debtor's bank accounts, goods or land (Rules of Court 2012, Order 45 rule 1).

The court can also summon the debtor to answer questions on oath about their money, and order them to pay by instalments. After 6 years, a writ of seizure and sale, the order that sends the court bailiff to seize and sell, needs the court's permission. So act well within 12 years. EPF savings cannot be taken, and Malaysia has no salary-deduction order for an ordinary debt.

You, the winner, are the judgment creditor (pemiutang penghakiman in Malay). The person who must pay is the judgment debtor (penghutang penghakiman). Enforcement is pelaksanaan penghakiman in Malay and 执行判决 in Chinese. For the stages before judgment, see [the debt recovery process from letter to collection](https://www.tkp.com.my/debt-recovery).

If you won a small claim, read "I won a small claim. How do I get paid?" below. If the debtor is a company, read "Can I make the debtor bankrupt, or wind up the company?" below. If a judgment was made against you, read "A judgment was made against me. What can I do now?"

Key facts (Malaysia, as at 28 October 2026):

- After 6 years from the judgment, a writ of seizure and sale needs the court's permission.
- Act well within 12 years: a bankruptcy must start within 12 years of the judgment.
- Interest runs at 5% a year from the date of judgment, unless the parties agreed another rate.
- A seizure needs a deposit first: RM2,000 in the High Court, RM1,000 in the Sessions or Magistrates' Court.
- After a small claim, enforcement usually starts with Form 208, which costs RM20 to file.
- Civil prison (not a criminal conviction): up to 6 weeks, and only if the debtor had the means to pay. It does not cancel the debt.
- EPF savings cannot be taken for any debt.
- A bankruptcy petition needs a debt of RM100,000 or more. A proposal to raise it to RM150,000 was not law as at 1 November 2026.
- A company owing more than RM50,000 that does not pay within 21 days of a statutory demand (a section 466 notice) risks being wound up (closed down by the court).
- Money judgments from the listed courts of 7 places can be registered in Malaysia, if you apply within 6 years.

## What must I check before I enforce the judgment?

Before you enforce a judgment in Malaysia, get the sealed judgment (the copy stamped by the court), serve it on the debtor, and check that it will stand. The Judiciary's own guidance tells winners to serve the judgment first.

A judgment in default, given because the debtor did not respond, is weak if the court papers never properly reached the debtor. An example is a writ sent by A.R. registered post whose receipt card was not signed by the debtor or someone they authorised. The debtor can then have it set aside (cancelled), and every enforcement step falls with it. To check, read the affidavit of service, the sworn statement in the court file of how the writ was served.

An appeal does not stop you. Only a stay of execution, a court order that pauses enforcement (暂缓执行 in Chinese), does.

The debt keeps growing: interest runs at 5% a year from the date of judgment, unless the parties agreed another rate, so check your judgment. But interest more than 6 years old cannot be recovered, so do not let the judgment sit. No judgment yet? See [how to sue after an ignored letter of demand](https://www.tkp.com.my/publications/letter-of-demand-ignored-next-step-malaysia).

## How do I find out what the debtor owns?

In Malaysia you find what a debtor owns through public searches and, most fully, a judgment debtor summons. The summons makes the debtor answer questions on oath about their income and property. Find out what the debtor owns before you choose a court order.

- Company records. An SSM e-Info company profile costs RM15.40, and a search of the company's charges (loans secured on its property) RM25.40. A lender with a charge is generally paid first from what it covers.
- Bankruptcy and winding up. A bankruptcy search at the Department of Insolvency (MdI) costs RM10 and shows whether a person is bankrupt. The same department's search shows whether a company is being wound up.
- Land. A land search shows the owner and any prohibitory order already registered. In practice it needs the title number: you cannot search land by a person's name.
- Credit reports. An agency such as CTOS may release a person's credit report to you only with their consent or a court order; Bank Negara's CCRIS record needs the borrower's consent.

The summons also makes an officer of a debtor company answer and bring its papers. It can call as a witness anyone likely to know about the debtor's money, such as a bank officer or an accountant.

To reach a bank account, you must name the bank and say why you believe it holds the debtor's money. So note the bank behind any payment the debtor made you.

## Which court order reaches which asset?

In Malaysia each enforcement order reaches one kind of asset, so choose the order by what the debtor has. A garnishee order takes money in a bank, a writ of seizure and sale takes goods, and a prohibitory order holds land for sale.

- Money in a bank account (银行户口 in Chinese), or money someone owes the debtor: a garnishee order (perintah garnishi in Malay), which people often call freezing the account. The bank, or whoever owes the debtor money, must pay you instead. The catch: it binds only the money there when the bank is served; later deposits are generally not caught.
- Money a customer owes a company debtor, such as a certified progress payment: also a garnishee order. A sum not yet due for certain, such as a retention sum, may not be caught. Serve each bank or customer as soon as the order is made.
- Goods, such as a car, stock, machinery or furniture: a writ of seizure and sale (writ penyitaan dan penjualan; 查封与拍卖令 in Chinese). The court bailiff (执达吏 in Chinese) seizes and sells them by public auction. The catch: you pay the deposit first, and you or your representative must attend on the day, or the writ is cancelled.
- Land or a house: a prohibitory order (perintah larangan), which stops the debtor transferring, charging or leasing it, then a sale. The catch: nothing is held until the order is registered at the land office. It lapses after 6 months, and an extension, or a second order on the same land, needs special circumstances. A bank that already holds a charge on it, such as a home loan, is paid first.
- Shares: a writ of seizure and sale can seize them in any court. A charging order secures the debt on the shares so they can later be sold. It is for the High Court only, and cannot be enforced until 6 months after the first order.
- Rent or other income: a receiver appointed by the court collects it for you, in the High Court only.
- A debtor who can pay but will not: a judgment debtor summons (saman penghutang penghakiman; 判决债务人传票), in every court. The court questions the debtor on oath and can order payment at once or by instalments. If a debtor who was served stays away, the court can order their arrest. After a small claim, the matching step is Form 208.

Jail is the last step of the summons route, not the first. If the debtor misses a payment the court ordered, you can file a judgment notice, which calls them back to court to explain. If they show no good reason and had the means to pay since its order, the court can send them to civil prison for up to 6 weeks. You first pay the cost of keeping them in prison, and prison does not cancel the debt. For the police side, see [whether not paying a debt is a crime](https://www.tkp.com.my/publications/police-report-unpaid-debt-malaysia).

![Each asset and its court order: money in a bank account, a garnishee order; goods, a writ of seizure and sale; land or a house, a prohibitory order, then a sale; shares, a writ of seizure and sale; rent or other income, a receiver; a debtor who can pay but will not, a judgment debtor summons.](https://www.tkp.com.my/media/articles/v1/08036c37c98f2eff-1440.png)

Figure 1. Which court order reaches which asset when you enforce a judgment in Malaysia (Rules of Court 2012; Debtors Act 1957).

## I won a small claim. How do I get paid?

After a small claim in Malaysia, the usual next step is Form 208 (Borang 208), which costs RM20 to file. It is the notice to show cause: a court notice that tells the debtor to pay, or to come to court and explain.

File it once the court has served the judgment (ask the registry) and the debtor has not paid. Serve it on the debtor yourself, by hand or by registered post, as you did with Form 198. The debtor has 10 days from receiving it to pay the money into court; if not, they must come to the hearing. If they stay away, you file a sworn statement of service, for a few ringgit more, and the court can issue a warrant for their arrest. The hearing date depends on the court.

The magistrate then examines the debtor. The usual first order is payment by instalments, which a debtor with a job can be ordered to make. The magistrate can also order a writ of seizure and sale or, in the last resort, civil prison.

Enforcement works when the debtor has a job, a car or a fixed address. A seizure needs the RM1,000 deposit, though the unused part comes back, and a car still on hire purchase belongs to the finance company. For a garnishee order on a bank account you know of, ask the registry.

For each step, see step 6 of [our guide to filing a small claim with Form 198](https://www.tkp.com.my/publications/how-to-file-a-small-claim-in-malaysia-step-by-step-form-198). One small claim is far below the RM100,000 needed for a bankruptcy petition. In Malay a small claim is tuntutan kecil; in Chinese it is 小额索偿, also called 小额法庭.

## Can I make the debtor bankrupt, or wind up the company?

Yes, for a large debt: a bankruptcy petition needs RM100,000 or more, and the usual winding-up route needs a debt of more than RM50,000. Both put you in a queue with every other creditor.

For a person, the first step is a bankruptcy notice (notis kebankrapan). The High Court issues it on a final judgment of any amount, even a Sessions or Magistrates' Court judgment. The debtor then has 7 days after service to pay, to secure the debt (give security the creditor accepts) or to settle it. If they do not, you can file a petition, which several creditors may join to reach the RM100,000, and you pay a RM2,000 deposit. A Budget 2027 proposal to raise [this bankruptcy threshold](https://www.tkp.com.my/publications/bankruptcy-threshold-malaysia) (破产门槛 in Chinese) to RM150,000 was not law as at 1 November 2026.

Once a person is bankrupt, the Director General of Insolvency shares their property among all the creditors, after the department's own percentage. Money you already collected under a finished seizure or garnishee is generally safe; goods seized but not yet sold go into the bankruptcy. A social guarantor (of a study loan, a personal car or a home to live in) cannot be made bankrupt on that guarantee. Any other guarantor needs the court's permission, after the creditor has tried every other way against the borrower. See [when a guarantor can be made bankrupt](https://www.tkp.com.my/publications/guarantor-letter-of-demand-malaysia).

For a company, leave a section 466 notice at its registered office for a debt of more than RM50,000. If within 21 days it neither pays, gives security you accept, nor agrees a settlement, you can petition the High Court to wind it up. File within 6 months after those 21 days end. A judgment of any court that enforcement could not satisfy can also ground a petition. If the company disputes the debt in good faith, or has applied to set aside the judgment, take advice first. The court can stop a petition used as pressure and order you to pay costs. A creditor that is a company must act through a lawyer for every court step.

In a winding up, a lender with security over company assets is paid from them first. Next come the costs of the winding up and priority debts, such as employees' unpaid wages, EPF contributions and tax. Other creditors share what is left in proportion to their debts, which may be little or nothing. A seizure not finished before the winding up began is lost. A company can also pause enforcement through a restraining order (claims pause while it proposes a deal to its creditors) or judicial management (a court-appointed manager tries to save it). Creditors can usually be heard on these applications.

## What can the court not take from the debtor?

In Malaysia some property is out of reach whatever the debt, such as EPF savings, wages or salary, and a government pension. The main items, under the Debtors Act 1957, section 3, and the Employees Provident Fund Act 1991, section 51:

- EPF savings, for any debt, even in a bankruptcy.
- Wages or salary. The law lets a court reach the part above RM200 a month, but only in a way set by rules of court, and no rule does. So there is no salary-deduction order for an ordinary debt.
- A government pension, gratuity or allowance, except for a few claims, such as a debt owed to the Government.
- Basic household items and tools of trade: clothing, cooking pots, beds and bedding of the debtor, their spouse and their children, and the debtor's work tools, up to RM200 in all.
- An artisan's (craftsperson's) or farmer's working tools, with no cap, and a farmer's animals and seed needed to earn a living. A farmer's own house is protected too.
- Books of account.

Money in a bank account can be taken. No Federal Court or Court of Appeal decision we found settles whether salary keeps its protection once it is paid into the account. A debtor with a salary can still be summoned and ordered to pay by instalments. The debtor too can ask the court for a stay or to pay by instalments.

The debtor's own car, goods, stock, shares and land can be reached. A home is not protected as such, but a bank that holds a charge on it is paid first.

Goods that belong to someone else are not the debtor's to lose. A car still on hire purchase belongs to the finance company until it is paid off, and the finance company can claim it back. So can [a parent or a spouse whose goods are seized](https://www.tkp.com.my/publications/bailiff-seize-parents-house-malaysia). The owner gives the bailiff written notice of the claim. The bailiff passes the claim to the creditor, who has 4 days from receiving it to accept or dispute the claim. If the creditor disputes it, or does not answer within the 4 days, the bailiff can ask the court to decide.

![Can be taken: money in a bank account; the debtor's own car, goods and stock; shares; land or a house. Cannot be taken: EPF savings; wages or salary; a government pension; household items and trade tools up to RM200 in all; an artisan's or farmer's tools; others' goods, such as a hire-purchase car.](https://www.tkp.com.my/media/articles/v1/7e83083ae79ae4b0-1440.png)

Figure 2. What a judgment creditor can and cannot take in Malaysia (Debtors Act 1957, section 3; Employees Provident Fund Act 1991, section 51).

## How long do I have to enforce, and what does it cost?

Act well within 12 years of the judgment; the main court cost is the bailiff's deposit before a seizure, because the court's own fees are small.

After 6 years a writ of seizure and sale, against goods or land, needs the court's permission. You ask for it with a sworn statement that explains the delay. Garnishee proceedings and bankruptcy are not writs, so that 6-year permission does not apply to them. Still act well within 12 years for every step: a bankruptcy must start within 12 years.

The deposit is RM2,000 in the High Court or RM1,000 in the Sessions or Magistrates' Court, and the unused part comes back to you. The court also takes a commission, a percentage set by the court rules, of what it sells or collects. Lawyers' fees, if you use a lawyer (a company must), are separate.

Is it worth it? Weigh what the debtor owns against the deposit, the fees and your time. For a small claim, see [the costs of Form 208 and a seizure](https://www.tkp.com.my/publications/what-is-the-small-claims-limit-in-malaysia-and-what-does-it-cost-to-file).

![A timeline from the judgment: serve it and enforce, with interest at 5% a year; after 6 years, a writ of seizure and sale needs the court's permission; act well within 12 years, because a bankruptcy must start within 12 years.](https://www.tkp.com.my/media/articles/v1/fab5254981e985fb-1440.png)

Figure 3. The clock on a Malaysian judgment: the court's permission for a writ of seizure and sale after 6 years; act well within 12 years.

## Can I enforce a foreign judgment in Malaysia, or a Malaysian one abroad?

A foreign money judgment can be registered in Malaysia if it comes from the listed courts of 7 places, mostly High Courts (Reciprocal Enforcement of Judgments Act 1958). They are the United Kingdom, Hong Kong, Singapore, New Zealand, Sri Lanka, India (except some areas) and Brunei.

Apply to the High Court within 6 years of the judgment, which must be final. Once registered, it is enforced like a Malaysian High Court judgment, and registration is the only route.

Judgments from anywhere else, such as Australia, the United States, China outside Hong Kong, Indonesia or Thailand, cannot be registered. You sue in Malaysia on the foreign judgment as a debt, a route the Federal Court confirmed in 2023. Bring a properly certified and authenticated copy, and a full, accurate translation if needed. Take advice on time limits.

Malaysia's certificate for use abroad is issued by the High Court, for a judgment entered there, so a Sessions or Magistrates' Court judgment cannot use it. Singapore registers money judgments of Malaysia's High Courts, Court of Appeal and Federal Court, if you apply within 6 years.

## A judgment was made against me. What can I do now?

If a Malaysian court gave judgment against you, act early: pay, agree a written plan, or ask the court for time. Never ignore a court paper or a hearing. This holds whether you fear your goods will be seized (barang disita in Malay) or your bank account frozen (akaun bank dibekukan; 银行户口被冻结 in Chinese). If judgment came because you did not respond to a writ in time, see [what you can do after missing the 14 days](https://www.tkp.com.my/publications/writ-of-summons-how-many-days-malaysia).

- Check the judgment's amount and interest rate. Offer what you can pay, in writing, to the creditor's lawyers named on their letter, or to the creditor if no lawyer acts. Get any deal signed by both sides, saying what it settles and whether all enforcement stops. Pay only into an account confirmed in writing, and keep every receipt.
- Ask the court for time. You can apply yourself, at the court that gave the judgment, to stay (pause) a writ of seizure and sale and to pay by instalments (分期付款 in Chinese). You swear to your income, property and debts. A stay of the writ stops seizure only, not a garnishee order on your bank account, and an instalment order stops neither unless the court says so.
- If judgment was given without your defence, apply to set it aside within 30 days after you receive it, or 21 days after service in a small claim. Later, also ask for more time and explain the delay. It helps mainly if the papers never reached you or you have a real defence. See [the time limits to set aside a judgment](https://www.tkp.com.my/publications/what-happens-if-i-ignore-a-letter-of-demand).
- A bankruptcy notice gives you 7 days, and a sworn statement to set it aside stops that time running out. The notice alone does not make you bankrupt: a petition needs RM100,000 or more, counting only the debts of creditors who join it.

Free help: AKPK (Agensi Kaunseling dan Pengurusan Kredit), set up by Bank Negara Malaysia, counsels free on bank card and loan debts and may arrange a repayment plan. Ask it whether it can take your debt after judgment. Bar Council Legal Aid Centres and the Legal Aid Department (Jabatan Bantuan Guaman) give free legal advice to those who qualify. The department's court aid covers only listed cases.

Do not move money or property into someone else's name to avoid a judgment. The court can question you on oath about what you did with your property. If you are later made bankrupt, a gift or transfer you made in the years before can be undone. A transfer made to cheat creditors is itself a ground for a bankruptcy petition. It does not end the debt.

Either side should talk to a lawyer when the debtor is a company, or when land, bankruptcy, winding up, a foreign judgment or a claim to seized goods is involved. So should a debtor unsure how to apply for a stay. [How to find a lawyer in Malaysia](https://www.tkp.com.my/publications/how-to-find-a-lawyer-in-malaysia-a-practical-checklist) lists what to ask.

This article is general information about Malaysian law as at 28 October 2026, mainly for Peninsular Malaysia. Where Sabah and Sarawak differ, it says so only for the points it covers. It is not legal advice on your situation, and reading it does not make you a client of the firm. Court fees, deposits and thresholds change, so check the current rule before you rely on a figure.

## Frequently asked questions

### The debtor has appealed. Do I have to wait before I enforce?

No. In Malaysia an appeal does not stop enforcement unless a court orders a stay of execution (Rules of Court 2012, Order 55 rule 16). The same holds for an appeal to the Court of Appeal. The debtor must apply for the stay, first to the court that gave the judgment. Courts usually ask for special circumstances, such as an appeal that would be pointless if the money were paid out first. Until a stay is ordered, you can use the court's tools while the appeal runs. Check the court file for a stay before each new step.

### Does the judgment debt keep earning interest?

Yes. Unless the parties agreed otherwise, a Malaysian judgment debt carries interest from the date of judgment until it is paid (Rules of Court 2012, Order 42 rule 12). The rate is 5% a year, set by the Chief Justice, unless the court sets a lower one. The judgment states the rate, so check it: one on a bank loan or card debt often carries the agreement's rate instead. Interest more than 6 years old cannot be recovered (Limitation Act 1953, section 6(3), in Peninsular Malaysia). For Islamic financing, a late payment charge, capped at the outstanding principal, replaces interest.

### The judgment is more than 6 years old. Is it too late?

Not necessarily, but act now. In Malaysia, after 6 years a writ of seizure and sale, against goods or land, needs the court's permission. Your application must explain the delay (Rules of Court 2012, Order 46 rules 2 and 3). Garnishee proceedings and bankruptcy are not writs, so that permission does not apply to them. Still act well within 12 years for every step. A bankruptcy must start within 12 years, and interest more than 6 years old cannot be recovered (Limitation Act 1953, section 6(3), in Peninsular Malaysia). Take advice before you spend money on an old judgment.

### Can the court take money from the debtor's salary?

Not from the employer, for an ordinary debt. In Malaysia wages and salary are protected from execution (Debtors Act 1957, section 3(1)(f)). A court may reach the part above RM200 a month only in a way set by rules of court, and no rule does, so there is no salary-deduction order. Money in a bank account can be garnished. No Federal Court or Court of Appeal decision we found settles whether salary, or withdrawn EPF money, keeps its protection once paid into an account. A debtor with a salary can be summoned and ordered to pay by instalments.

### Can a garnishee order take money from a joint account?

Often not. In Malaysia two High Court decisions are reported to hold that money owed jointly to the debtor and another person cannot be garnished. We found no appeal court ruling on it. A joint account with someone who does not owe you is often out of reach. An account in the debtor's sole name, even an unmatured fixed deposit, can be garnished (Rules of Court 2012, Order 49 rule 1). Moving money there does not end the debt. The court can question the debtor on oath about it, and a later bankruptcy can undo such a transfer.

### The debtor is moving or hiding assets to avoid paying. What can I do?

Act quickly. With evidence, you can ask a Malaysian court to freeze the debtor's assets by a Mareva injunction (Rules of Court 2012, Order 29 rule 1). You need strong evidence and a lawyer, and must promise to pay the debtor's losses if it was wrong. A judgment debtor summons lets you question them on oath about what they did with their property. We found no rule that lets a creditor undo a transfer itself. In a bankruptcy or winding up, the Director General of Insolvency or the liquidator can sometimes undo recent gifts, transfers and payments to favoured creditors.

### Does seizing and selling the debtor's goods clear the whole debt?

Only if the sale raises enough. In Malaysia the sale money first pays the court's fees, its commission and the expenses, and refunds the creditor's deposit (Rules of Court 2012, Order 46 rule 17). Next comes rent a landlord claims under a writ of distress (a court order for rent), up to 6 months' rent, and only then the debt. Any unpaid balance stays due, with interest, and the creditor can use other tools for it. If the sale does not cover the fees and expenses, the creditor pays the shortfall and can add it to the debt.

### After judgment the debtor paid a few instalments and then stopped. What now?

Enforce the unpaid balance. In Malaysia, if the instalments were an informal deal that did not replace the judgment, you can use any court tool for what is still owed. If the court ordered the instalments after a judgment debtor summons, you can file a judgment notice. If the debtor had the means and shows no good reason, the court can commit them to civil prison (Debtors Act 1957, section 4). If you settled by a consent judgment, the court enforces its agreed terms. Keep a record of every payment received.

### Do I need a lawyer to enforce a judgment?

Not if you are an individual. In Malaysia a person may act without a lawyer, but a company must act through one for every court step (Rules of Court 2012, Order 5 rule 6). In a small claim no lawyer may act for either side, so you file Form 208 yourself. A garnishee order, a prohibitory order, a bankruptcy notice and a winding-up petition need set forms and sworn statements, so many creditors use a lawyer. A debtor who is an individual can also apply in person, for example for a stay. Court fees and deposits apply either way.

### Can I make the director pay a company's judgment debt?

Usually not. In Malaysia a Sdn Bhd is a separate legal person, so its judgment debts are its own (Companies Act 2016, section 20). A director usually pays only on a personal guarantee, or if a court finds they knowingly helped run the business to defraud creditors (section 540). A judgment debtor summons can make a director bring the company's papers and answer on oath. One who is served and stays away can be arrested. But a director is not jailed for the company's debt. An enterprise's owner is personally liable: see [how a Sdn Bhd differs from an enterprise](https://www.tkp.com.my/publications/sdn-bhd-or-enterprise-malaysia).

### The debtor has died. Can I still enforce the judgment?

Yes, against the estate. In Malaysia a dead person's property pays their debts, and claims against them survive (Probate and Administration Act 1959, section 67; Civil Law Act 1956, section 8). A writ of execution after a death needs the court's permission (Rules of Court 2012, Order 46 rule 2). If no one has been [appointed to run the estate](https://www.tkp.com.my/publications/probate-letters-of-administration-small-estate-malaysia), the court can appoint someone to represent it. In our reading, family members are not personally liable, unless they signed for the debt or took estate property and gave it away.

### The debtor or their property is in Sabah or Sarawak. Can I still enforce?

Usually yes. A Malaysian High Court judgment can be served or enforced anywhere in Malaysia (Courts of Judicature Act 1964, section 7(2)). For a Sessions or Magistrates' Court judgment, the Subordinate Courts Act 1948 speaks of Peninsular Malaysia, so ask the registry before you act across the South China Sea. Land in Sabah and Sarawak is under their own land laws, which register court orders their own way. A debtor likely to leave Peninsular Malaysia, Sabah or Sarawak to avoid paying can be arrested and brought before the court.

### Can I stop the bailiff from seizing my things?

Yes, if you ask the court in time. In Malaysia a judgment debtor can apply at any time to stay (pause) the bailiff's writ (Rules of Court 2012, Order 47 rule 1). The grounds: special circumstances, or that they cannot pay. You can apply in person, at the court that gave the judgment, for small fees. File a sworn statement of your income, property and debts, and give the creditor 4 clear days' notice (4 full days between service and hearing). The court can stay it outright or on terms, such as instalments. That does not stop a garnishee order.

### What happens when the bailiff comes to my house?

In Malaysia the bailiff can come between 9 a.m. and 4 p.m., unless the bailiff orders otherwise (Rules of Court 2012, Order 46 rule 15). If no one opens up, the bailiff may force entry: stay calm. You get a notice of seizure, then 7 days to pay, or get a court order, before an auction. Goods may be taken away, with a list, or left under guard. Do not sell, hide or move them: that can be a crime. Anyone owning a seized item should give the bailiff a written claim, with proof. A dishonest claim is an offence.

### The bailiff wants to seize things in my parents' house, or my spouse's things, for my debt. Can they?

Only your own things. In Malaysia the bailiff seizes only the debtor's property, and an owner can claim seized goods back. The owner gives the bailiff written notice of the claim (Rules of Court 2012, Order 17 rule 2). That owner may be a parent, a spouse or a finance company with a car on hire purchase. The bailiff passes the claim to the creditor, who then has 4 days from receiving it to accept or dispute the claim. If the creditor disputes it, or does not answer within the 4 days, the bailiff can ask the court to decide who owns the goods; lawyers call this interpleader. Bring proof, such as receipts, bank records of the payment or the hire-purchase agreement. Our article explains [whose things a bailiff can take from a family home](https://www.tkp.com.my/publications/bailiff-seize-parents-house-malaysia).

### Can my house be sold if a bank already holds a charge on it?

Yes, if it is yours. In Malaysia a creditor can get a prohibitory order on a debtor's land, even if it is charged to a bank (Rules of Court 2012, Order 47 rule 6). It reaches only land in the debtor's own name, so a parent's house is out of reach. It works only once registered, and lapses after 6 months unless extended for special circumstances. A sale needs the court's confirmation, at least 14 days after registration. In practice the bank is paid first, so a sale helps only if the house is worth more than the loan.

### Can a judgment debtor be jailed in Malaysia for not paying?

Only after several steps, and only if they could pay. After a judgment debtor summons, the court first orders payment. If the debtor misses a payment, the creditor files a judgment notice, served personally. The court can then send them to civil prison for up to 6 weeks, but only if they could have paid since the order (Debtors Act 1957, section 4). In a small claim, the magistrate examines the debtor on Form 208 and can order prison as a last resort. The creditor pays the prison costs, and prison does not cancel the debt (section 14).

### A debt collector is chasing me over a judgment debt. What can it do?

No more than the creditor itself. A collector cannot seize anything or freeze your account. Only the bailiff seizes goods; only a court order, or set-off by a bank you owe, can take money from your account. A car on hire purchase is different: a repossessor with a government permit may take it back for the finance company, normally after the proper notice. In Malaysia an agency that collects a lender's consumer-credit debts, such as card or loan debts, must register with the Consumer Credit Commission (SKP). Those already working were given until 30 November 2026 to apply. In a credit business no one may harass you, use undue pressure or threaten force (Consumer Credit Act 2025, section 87). Keep the messages and call records.

### Someone called to say the court will freeze my bank accounts. Is it real?

Treat it as a likely scam. In Malaysia a garnishee order is a court paper, served on the bank personally and usually on the debtor (Rules of Court 2012, Order 49 rule 3). It comes as papers, not a phone call. Never pay or give bank details on such a call. One step needs no court: a bank you owe may set off money you keep with it, after at least 7 calendar days' notice under Bank Negara's rules. Whether that applies after judgment, or to salary, is not settled. See [how scam calls about court papers work](https://www.tkp.com.my/publications/court-summons-call-scam-malaysia).

### Will a judgment debt show up on CTOS or CCRIS?

It can. In Malaysia a credit reporting agency such as CTOS may report a court case. It may not report one more than 2 years after it began, unless it also gives the current status (Credit Reporting Agencies Act 2010, section 25). CCRIS, Bank Negara's credit record, holds data only from banks and other participating lenders. So it shows a lender's legal action on a loan, not a judgment won by a supplier or a person. Bank Negara keeps no blacklist. After paying, keep proof, and ask the agency to correct any record that is out of date.

## Sources

1. [Rules of Court 2012 (P.U.(A) 205/2012), Orders 3, 5, 15, 17, 29, 42, 45 to 51, 55, 74, 77 and 93 (gazette text as first made)](https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20120702_RULES%20OF%20COURT%202012%20%28FINAL%29%20-%201%20July%202012.pdf)
2. [Rules of Court (Amendment) 2013 (P.U.(A) 67/2013), Appendix B (court fees and commission)](https://johorebar.org.my/wp-content/uploads/2015/01/P.U.-A-67-KAEDAH2-MAHKAMAH-PINDAAN-2013-FINAL-2-l-FEES.pdf)
3. Rules of the Court of Appeal 1994 (P.U.(A) 524/1994), rule 13 (stay of execution)
4. [Debtors Act 1957 (Act 256), sections 3, 4, 6, 8, 10 and 14](https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20256.pdf)
5. [Limitation Act 1953 (Act 254), section 6(3)](https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/ACT%20254-Online%20version%20as%20at%201%20Sept%202019.pdf)
6. Employees Provident Fund Act 1991 (Act 452), section 51, updated text as at 1 July 2022
7. [Chief Justice's Practice Direction No. 1 of 2012 (interest on judgment debts at 5% a year), in Bar Council Circular No. 165/2012](https://www.malaysianbar.org.my/cms/upload_files/document/Circular%20No%20165-2012.pdf)
8. [Chief Registrar's Circular No. 2 of 2005 (deposit before a writ of seizure and sale: RM2,000 High Court, RM1,000 Subordinate Courts), with Circular No. 3 of 2012 (writ cancelled if the deposit is not paid or the creditor or their representative does not attend)](https://intranet.kehakiman.gov.my/EAA/arahanamalan/31%20Pekeliling%20KP%20Bil.%202%202005.pdf)
9. [Judiciary of Malaysia: What do I do with a court order?](https://www.kehakiman.gov.my/en/what-do-i-do-court-order)
10. [National Land Code (Act 828), sections 334 to 339 (prohibitory orders), revised 2020](https://e-perundangan.pkns.gov.my/img/National%20Land%20Code%20Act%20828.pdf)
11. [Insolvency Act 1967 (Act 360), sections 2, 3(1)(b), (i) and (j), 5, 8, 43, 50, 52 and 53, reprint as at 1 November 2017 (the RM100,000 figure comes from the 2020 amendment, next item)](https://www.mdi.gov.my/wp-content/uploads/2025/04/Akta-360-Akta-Insolvensi-1967.pdf)
12. [Insolvency (Amendment) Act 2020 (Act A1624), section 2 (RM100,000), in force 1 September 2021](https://www.mdi.gov.my/wp-content/uploads/2025/04/Akta-1624-Akta-Insolvensi-Pindaan-2020.pdf)
13. [Insolvency Rules 2017 (P.U.(A) 305/2017), rules 89, 93, 94 and 102](https://www.mdi.gov.my/wp-content/uploads/2025/04/Kaedah-Kaedah-Insolvensi-2017.pdf)
14. [Department of Insolvency (MdI): Bankruptcy (Fees) Rules 1969, fees and charges (RM10 a search), with its FAQ on searches (company winding-up status)](https://www.mdi.gov.my/en/bankruptcy-fees-rules-1969/)
15. [Parliament of Malaysia: Dewan Rakyat bills list, updated 28 October 2026 (no Insolvency amending Bill)](https://www.parlimen.gov.my/bills-dewan-rakyat.html?uweb=dr&lang=en)
16. [The Star, 27 October 2026: the RM150,000 bankruptcy threshold is still a proposal](https://www.thestar.com.my/news/nation/2026/10/27/bankruptcy-benchmark-to-be-raised-from-rm100000-to-rm150000)
17. [Companies Act 2016 (Act 777), sections 2, 20, 368, 404, 410, 411, 465, 466, 467, 471, 524, 527, 528, 530, 533 and 540, updated text as at 31 January 2025](https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/3372888_BI/Act%20777%20%28Online%202026%29.pdf)
18. [Gazette Notification No. 4159 of 29 March 2021 (company debt of more than RM50,000, from 1 April 2021)](https://www.ssm.com.my/Pages/Legal_Framework/Document/GN%20No.%204159_Penetapan%20Amaun%20Keterhutangan%20Syarikat.pdf)
19. [SSM e-Info: price list (company profile RM15.40; company charges RM25.40)](https://www.ssm-einfo.my/faq)
20. [Credit Reporting Agencies Act 2010 (Act 710), sections 24, 25 and 31, reprint as at 1 November 2024](https://ppapk.treasury.gov.my/images/pdf/Act%20710.pdf)
21. [Bank Negara Malaysia: CCRIS page and frequently asked questions (no blacklist)](https://www.bnm.gov.my/ccris)
22. [Bank Negara Malaysia, Policy Document on Product Transparency and Disclosure (2 December 2024), Schedule I paragraph S 1.3.4, and Policy Document on Credit Card and Credit Card-i (19 December 2025), paragraph S 21.23 (set-off notice of at least 7 calendar days)](https://www.bnm.gov.my/documents/20124/938039/pd_product_transparency_and_disclosure_dec2024.pdf)
23. [Consumer Credit Act 2025 (Act 873), section 87, Schedule 3 paragraph 2(a) and Schedule 6 paragraph 3](https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/3272203_BI/Act%20873%20-%20CONSUMER%20CREDIT%20ACT%202025.pdf)
24. [Consumer Credit Commission (SKP): FAQs on Authorisation Standards, CORE System and Conduct Standards, version 1.1 (24 September 2026), questions 5 and 26](https://www.skp.gov.my/en/clients/asset_66817D39-810F-498F-B363-3C9A1CE3234E/contentms/img/pdf/FAQs/FAQs-on-Authorisation-Standards-CORE-System-and-Conduct-Standards-%2824-Sep-2026%29_v1.1.pdf)
25. [Hire-Purchase Act 1967 (Act 212), section 2 (owner and hirer), online version as at 1 May 2019](https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20212%20-online%20version%20as%20at%201%20May%202019.pdf)
26. [Penal Code (Act 574), sections 206 and 207, reprint as at 4 July 2023](https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/1841145_BI/WJW23%EF%80%A21011%20Act%20574.pdf)
27. [Legal Aid Act 1971 (Act 26), section 29 and the Fourth Schedule (2006 reprint, as amended by the Legal Aid (Amendment) Act 2017, Act A1548); the Third Schedule as substituted by P.U.(A) 274/2022](https://www.jbg.gov.my/images/doc/Akta/Legal%20Aid%20Act%201971%20%5BAct%2026%5D.pdf)
28. [Bar Council Legal Aid Centre: about the scheme](https://www.malaysianbar.org.my/article/public/legal-aid/bc-legal-aid-scheme/about/bc-legal-aid-scheme-about)
29. [Reciprocal Enforcement of Judgments Act 1958 (Act 99), sections 3 to 7 and 10 and the First Schedule](https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%2099.pdf)
30. [Ministry of Law, Singapore: repeal of the Reciprocal Enforcement of Commonwealth Judgments Act, 1 March 2023 (Malaysian judgments now under the Reciprocal Enforcement of Foreign Judgments Act 1959)](https://www.mlaw.gov.sg/news/announcements/2023-03-01-repeal-of-recja/)
31. [Courts of Judicature Act 1964 (Act 91), sections 7(2) and 12(3), updated text as at 1 November 2024](https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/2449943_BI/ACT%2091%20-%20final%20%281.11.2024%29.pdf)
32. [Subordinate Courts Act 1948 (Act 92), section 5(2) and the Schedule, paragraph 18](https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/1753610_BI/Act%2092%20Muktamad%2018.4.2023.pdf)
33. [Civil Law Act 1956 (Act 67), section 8](https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%2067%20-%20%28muktamad%29.pdf)
34. [Probate and Administration Act 1959 (Act 97), section 67](https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%2097.pdf)
35. [Sarawak Land Code (Cap. 81), sections 183 and 184](https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_2025%20LANDCODE%20LAWNET%20%20%281%29.pdf)
36. [Sabah Land Ordinance (Cap. 68), sections 100 and 101](https://sagc.sabah.gov.my/sites/default/files/law/Land%20Ordinance%20%5BCap.%2068%5D.pdf)
37. Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd \[2021\] 3 MLJ 159 (Federal Court, 5 March 2021)
38. Mega Palm Sdn Bhd & Anor v Hun Tee Siang & Ors \[2022\] 4 MLRA 200 (Court of Appeal, 10 March 2022)
39. Perwira Affin Bank Bhd v Lim Ah Hee \[2004\] 2 CLJ 787 (Federal Court, 18 May 2004)
40. Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd-LLC & Anor and another appeal \[2023\] 2 MLJ 324 (Federal Court, 23 February 2023)

Web page: https://www.tkp.com.my/publications/enforce-judgment-malaysia