How to file a small claim in Malaysia, step by step (Form 198)

How to file a small claim in Malaysia: the short answer

To file a small claim in Malaysia, fill in Form 198, file four copies at the Magistrates' Court and pay RM20, give a sealed copy to the defendant in a way you can prove, and attend the hearing yourself. The procedure is for an individual who is owed RM5,000 or less. No lawyer may act for either side. The first hearing date is usually a few weeks to two months after filing, and an undefended claim often ends there.

The six steps:

1. Check that a small claim is right for you: you sue as an individual, for RM5,000 or less, on a debt less than six years old.
2. Fill in Form 198: who you are, who owes you, how much, and why. Sign it yourself.
3. File four copies at the Magistrates' Court registry and pay RM20. The registry seals (stamps) the form and writes the hearing date on it.
4. Serve the form: give a sealed copy to the defendant by hand or by registered post, then swear a short statement, called an affidavit of service, that you did.
5. Go to the hearing with your documents and witnesses. The magistrate first helps both sides try to settle, then hears the case and decides.
6. Collect your money. If the defendant still does not pay, file Form 208 and the court calls the defendant in to explain.

Many defendants pay once they are served, or once they lose. But getting judgment is often easier than collecting the money, and collection works best when you know where the defendant lives or works.

A few words you will meet: the person who sues is the plaintiff (plaintif), the person sued is the defendant (defendan), the court office that takes your papers is the registry, and the procedure is called Tuntutan Kecil in Malay.

Step 1: Check that a small claim is right for you

The small claims procedure is in Order 93 of the Rules of Court 2012. It is open to you if all of these are true:

• You are an individual. A company or an LLP cannot sue this way; it needs an ordinary court action through a lawyer. A company can be sued this way. A sole proprietor sues in their own name: "Ahmad bin Ali, trading as Ali Enterprise".
• The claim is RM5,000 or less. If you are owed more, you can give up the excess and claim RM5,000; the excess is lost for good. Or you can sue for the full sum by an ordinary court action in the Magistrates' Court, which handles claims up to RM100,000. You cannot split one debt into two small claims.
• The claim is your own, not someone else's debt that you are collecting or that was signed over to you.
• It is a claim for a sum of money. A loan to a friend, a rental deposit the landlord kept, an unpaid invoice, goods paid for and never delivered, a contractor who took a deposit and stopped work. A fixed sum backed by a quotation or receipt, such as a repair bill, is usually accepted too. If the court would have to assess the amount, ask the registry first.
• You know who the defendant is and where they are. You need a full name, an IC number if you can get it, and a current address. Without an address you cannot serve the form, and the case cannot move.

Is there a better place for your dispute?

• Bought goods or services for personal use from a business? The Tribunal for Consumer Claims (Tribunal Tuntutan Pengguna Malaysia) takes claims up to RM50,000 for RM5, with no lawyers, if you file within three years. It does not cover claims against lawyers, doctors and other regulated professionals, clinics or airlines, or claims about land and tenancies.
• Paid a renovation contractor who stopped work? As a homeowner you can use either the consumer tribunal or Form 198. The tribunal is cheaper and takes larger claims. Use Form 198 if the sum is RM5,000 or less and the tribunal turns the claim away, or you prefer the court.
• Bought a house from a developer, with defects or late delivery? The Tribunal for Homebuyer Claims takes claims up to RM50,000 for RM10.
• A dispute with your condominium's management body? The Strata Management Tribunal takes claims up to RM250,000.
• Unpaid salary? The Labour Department (Jabatan Tenaga Kerja) is usually the better route: free, and it can order payment.
• Tricked into transferring money to a scammer? Call your bank or the National Scam Response Centre on 997 at once, then make a police report. A civil claim only works against a real person or business you can name and find.

Two claims belong with Form 198 even though people try elsewhere: a freelancer chasing a client, because the freelancer is the supplier and cannot use the consumer tribunal; and a tenant chasing a private landlord for a deposit, because a private landlord is not a trader and, as at October 2026, Malaysia has no tenancy tribunal.

If you lent a friend money and charged interest, see a lawyer before you sue. Under the Moneylenders Act 1951 a court may treat the loan as unlicensed moneylending and refuse to enforce it.

Is it worth suing? The case costs about RM70 to RM100 in court fees, a few ringgit in postage, and two or three mornings. That can be worth it for RM3,000 against a defendant with a home address and a job. For RM300 against someone who has moved and owns nothing, it may not be. A judgment is only paper until the defendant pays or the court enforces it, and enforcement costs more money up front.

Before you file: four things to prepare

Send a letter of demand. The rules do not require one, but a short letter that says how much is owed, why, and that you will file a small claim in 14 days often brings payment by itself. Send it by registered post, and by WhatsApp or email too. Keep a copy: it proves the defendant knew of the debt and ignored it. If you would rather have a lawyer send it, see How much does a lawyer's letter of demand cost in Malaysia? For the view from the other side, read What happens if I ignore a letter of demand? and I received a letter of demand in Malaysia. What do I do in the first 7 days?

Check the time limit. You have six years from the date the money fell due. After that you cannot sue. A part payment or a written admission by the defendant starts the six years again. Sabah and Sarawak have their own limitation laws.

Get the defendant's details, and make sure you sue the right person:

• Sue the landlord, not the property agent; the person who took your money, not the person who introduced you.
• If the quotation or invoice names a Sdn Bhd, sue the company at its registered address. Check the exact name, company number and registered address with an SSM company profile (about RM15). If the company has been wound up or struck off, see a lawyer before you file.
• If it names a business such as "XYZ Enterprise", sue the owner "trading as XYZ Enterprise". In Peninsular Malaysia, a business profile from SSM e-Info (about RM15) shows the owner's name, IC number and address; if it lists partners, sue each partner. If the name ends in "PLT", it is an LLP, so sue the LLP. In Sabah and Sarawak, businesses register with state or local authorities, not SSM.
• If all you have is a bank account number or a DuitNow QR code, you are stuck. Banks and the police will not give you a name or an address for a civil claim.

Gather your evidence, in date order, in three sets plus the originals: one set for the court, one for the defendant, one for you.

• The agreement, quotation, booking form or tenancy.
• Invoices and receipts.
• Bank transfer records.
• Printed WhatsApp and email conversations, with the dates showing.
• Photos, for example of unfinished work.
• Your letter of demand and any reply.

For free advice before you start, try the Bar Council Legal Aid Centre in your state in Peninsular Malaysia; in Sabah or Sarawak, try the Sabah Law Society or the Advocates' Association of Sarawak. The Legal Aid Department (Jabatan Bantuan Guaman) helps people who pass its means test, for the kinds of case the law lists.

Step 2: Fill in Form 198

Form 198 is free. Ask for it at the registry of any Magistrates' Court; the Selangor courts also put a copy on their website. Malay is the language of the courts, but registries usually accept the form in English.

The form asks for:

• Your full name, IC number, address, phone number and email.
• The defendant's full name, IC number and last known address.
• The exact amount you claim. If your written agreement sets interest or a late fee, you can include it up to the date you file and show how you worked it out. The court may cut a late fee it thinks excessive. The total must stay within RM5,000.
• The particulars of your claim: the date it arose and how. A few plain sentences: what was agreed, what the defendant did or did not do, and what is owed.

Three examples of particulars:

"On 3 March 2026 I lent the defendant RM3,000 by bank transfer (Maybank reference 123456). The defendant agreed by WhatsApp on the same day to repay the full sum by 30 June 2026. The defendant has paid nothing. I claim RM3,000."

"I rented 12 Jalan Mawar, Petaling Jaya from the defendant under a tenancy agreement dated 1 January 2025 and paid a deposit of RM2,400. The tenancy ended on 31 December 2025. I returned the keys and the house was in good condition. The defendant has not refunded the deposit. I claim RM2,400."

"On 2 April 2026 I paid the defendant a deposit of RM2,800 for renovation work at my house in Ipoh, under his quotation dated 28 March 2026. He worked for two days, stopped on 10 April 2026, and has not replied to my messages since 15 April 2026. The work done has no value to me. I claim RM2,800."

If some of the work was done and is useful to you, decide what it was worth and claim the balance. If you paid another contractor to finish the job and paid more in total than the first price, you may be able to claim the difference: everything you paid both contractors, minus the first contractor's price. Bring the second contractor's invoice and receipt, not a quotation. This is a claim for loss, not a fixed debt, so ask the registry first, and the total must stay within RM5,000.

Sign the form yourself, or put your thumbprint on it. Nobody can sign for you. Neat capital letters are usually fine; a typed form is easier for the registry, so type it if you can. Then make four copies.

Step 3: File it at the right court and pay RM20

Which court. File at the Magistrates' Court for the area where the defendant lives or runs their business, or where the deal happened. If the defendant lives in Chemor and the work was done in Ipoh, the Ipoh Magistrates' Court is the obvious choice. A court can stop or transfer a case filed in the wrong district. To find your court, search "Mahkamah Majistret" and your town, or open your state's court website under kehakiman.gov.my.

What to bring. Four copies of the signed form, your MyKad, and RM20. Ask for the small claims counter (Kaunter Tuntutan Kecil). You can say: "Saya nak failkan tuntutan kecil. Ini Borang 198." ("I want to file a small claim. This is Form 198.")

What happens. Most people file at the counter, and court staff enter the form into the electronic system for them. You pay RM20, the registry seals the four copies and writes the hearing date on them, and you get one sealed copy back, in some courts by email as well.

In some courts the first date is a short case management appointment, where the magistrate checks the papers and fixes the hearing. Bring your documents; the magistrate will tell you when witnesses are needed. In Sabah and Sarawak you can pre-register the form online through the eKSS portal's "Self-Represented Litigant" channel, then pay at the registry.

Step 4: Serve the form on the defendant

The court does not deliver the form to the defendant. You do. "Serve" means giving the defendant a copy in a way you can prove. The rules allow two ways: hand it to the defendant personally, or send it by prepaid registered post to the defendant's last known address.

Registered post is the easier route. Use Pos Malaysia's registered post with acknowledgement of receipt (AR). Keep the receipt, the tracking printout, and the AR card when it comes back. If the letter comes back marked "Pindah" (moved) or "Tidak dituntut" (not collected), tell the registry, and be ready to serve by hand.

Hand delivery works too, and anyone can do it for you. Whoever delivers it should bring a witness, ask the defendant to sign and date the spare copy, and if the defendant refuses, note the time and place and take a photo.

Serve it the same week you file. The defendant has 14 days from receiving the form to file a defence, and the hearing date is already fixed.

Prove it with an affidavit of service: a one-page sworn statement of when and how the form was served, with the AR card, tracking printout or signed copy attached. The person who served the form swears it.

1. Ask the registry or a Commissioner for Oaths for the affidavit of service template.
2. Fill in the date and method of service, and attach the proof.
3. Sign it in front of a Commissioner for Oaths. Many courts have one on the premises.
4. File it at the registry before the hearing.

If the defendant does not turn up, the magistrate will want this proof before giving you judgment. Photos alone are not enough, and without the affidavit the magistrate may postpone the case.

While you wait: what the defendant can do

Pay you. Some defendants pay at this stage. Tell the registry and withdraw the claim, or ask the court to record the settlement at the hearing.

Admit the claim in Form 199. The court enters judgment for you without a fight. The defendant may ask for time to pay.

Defend. The defendant files Form 199 within 14 days of being served, in four copies, signed personally, with reasons. You get a copy. Gather evidence that answers each point.

Counterclaim, in the same Form 199, saying you owe them money. You reply in Form 200. A contractor who stopped work may say you owe him for work done; your photos and messages answer that. If the counterclaim is over RM5,000, the whole case leaves the small claims procedure and continues as an ordinary court action, where lawyers are allowed.

Ignore it. If the defendant files no defence and stays away, the magistrate can give judgment for you on the day, as long as you have proved service, or may postpone once more to give the defendant a last chance. A defendant who was absent can apply in Form 205, within 21 days of being served with the judgment, to set it aside for good reason.

The same rule works against you. Miss your hearing and the court will usually dismiss your claim; if there is a counterclaim, it can give judgment against you on it. You can apply in Form 205 to set that aside, but act fast. If you know in advance that you cannot attend, write to the court at once with the reason and any medical certificate, and send a copy to the defendant. The hearing date stays fixed until the registry tells you it has changed, so call to confirm before the day. If you hear nothing, attend.

Step 5: Go to the hearing

Bring:

• Your sealed copy of Form 198 and your affidavit of service.
• Three sets of your documents in date order, plus the originals.
• Your witnesses. A witness who cannot come can give a sworn written statement, but a live witness is better.
• Your MyKad.

On the day:

• Courts sit at 9.00 am. Arrive by 8.45 am, find your case on the cause list outside the courtroom, and report to the court interpreter.
• Dress neatly. Switch your phone off.
• Malay is the court language; English is often allowed, depending on the magistrate. If you or a witness need an interpreter, tell the court staff when you arrive.
• Address the magistrate as "Tuan" or "Puan".
• No lawyer may represent either side. A family member can sit with you but cannot speak for you. A company that is sued can send a full-time paid employee with a letter of authority from the company.

The magistrate tries to settle first. The rules say the court must help the parties settle where it can. Many small claims end here with a consent judgment, often with payment by instalments. If the defendant offers a sensible plan, take it: a consent judgment is enforceable like any other.

If there is no settlement, the magistrate hears the case. The magistrate may ask each side for a short description of the claim and the defence, look at the documents, hear the witnesses, and ask questions. In most courts this happens in the magistrate's chambers, around a table; in some it runs more like a trial. Either way it is informal, and the magistrate leads.

How to tell your story. Start with one sentence: "Tuan, saya plaintif. Saya menuntut RM2,800, iaitu deposit yang saya bayar kepada defendan untuk kerja-kerja ubah suai rumah." ("Sir, I am the plaintiff. I claim RM2,800, the deposit I paid the defendant for renovation work.") Then go in order, give the dates, and point to the document that proves each step: "This is the transfer on 2 April. This is his last message on 15 April." If the defendant says something untrue, wait your turn and show the document that answers it. Speak to the magistrate, not to the defendant.

The decision. The magistrate often decides on the same day. The winner may be awarded costs, a contribution to expenses, of up to RM100. Nothing is awarded for lawyer's fees. If your notice says the hearing is by video, follow its instructions.

Step 6: Collect your money

Keep your sealed judgment. Under the rules the court posts the judgment to the defendant by registered post. In some courts the winner collects the sealed judgment, pays a small fee, and serves it. Ask the registry, because enforcement cannot start until the judgment has been served. After judgment the debt normally carries interest, currently 5% a year, until it is paid.

Ask for payment first. Give the defendant a short written deadline, say 14 days, and your bank details. Many pay at this point.

If they do not pay, file Form 208, the notice to the judgment debtor to show cause. It is the enforcement step built into the small claims rules.

1. File Form 208 at the registry, for about RM20.
2. Serve it on the defendant the same way as Form 198.
3. The defendant has 10 days to pay the money into court.
4. If they do not, they must come to court and explain their finances. If they stay away, the court can issue a warrant for their arrest.

At that hearing the magistrate can order payment by instalments, which is the usual first order; order a writ of seizure and sale, which sends the court bailiff to seize the defendant's movable property for auction; or, in the last resort, commit the defendant to prison.

Seizure costs money up front. You pay the bailiff's fees and a bailiff's deposit before the bailiff goes out, and the deposit can run to hundreds of ringgit or more. These come back from the sale proceeds, if the sale raises enough. Ask the registry for the current figures first.

Other routes. Other methods, such as a garnishee order that takes money from the defendant's bank account, may be available under the general court rules; ask the registry. You cannot bankrupt someone over a small claim, because bankruptcy needs a debt of at least RM100,000.

Decide how far you will go before you file Form 208. Enforcement works when the defendant has a job, a car or a fixed address. When the defendant has moved and owns nothing, more money and months may bring nothing back.

What it costs and how long it takes

What you pay:

• Filing Form 198: RM20
• Affidavit of service: Commissioner for Oaths: RM10, plus RM5 per attachment
• Filing the affidavit of service: About RM8
• Registered post with AR: A few ringgit
• Collecting the sealed judgment, where your court asks you to: RM20 under the gazetted scale; the Sabah and Sarawak leaflet lists RM40
• Form 208 (enforcement): About RM20
• Bailiff's fees and bailiff's deposit for seizure: Hundreds of ringgit or more, recoverable from the sale proceeds

What you may get back:

• Costs awarded to the winner: Up to RM100
• Interest after judgment: Currently 5% a year

An undefended claim usually costs about RM70 to RM100 in fees from start to judgment. Fees change, so check at the counter.

For each fee explained, what you can get back, and your options when you are owed more than RM5,000, read What is the small claims limit in Malaysia, and what does it cost to file?

Time. The first hearing date is usually a few weeks to two months after filing. An undefended claim often ends at the first or second date. A defended claim with witnesses can take several months, and enforcement adds months on top. Times vary by court.

Can you appeal?

The courts' own leaflets say a small claims decision is final. The Courts of Judicature Act 1964 allows an appeal to the High Court where the amount is RM10,000 or less only on a question of law, not on the facts, and the notice of appeal must be filed within 14 days. An appeal costs far more than the claim: a RM400 fee to file the notice of appeal, the cost of preparing the appeal record, and the risk of paying the other side's High Court costs, because the ban on lawyers and the RM100 costs cap do not apply there. In practice, treat the magistrate's decision as final. If you believe the magistrate got the law wrong, see a lawyer within days.

Common mistakes that lose small claims

• Claiming more than RM5,000 without giving up the excess.
• Suing in a company's name.
• Suing the agent instead of the landlord, or the introducer instead of the person who took the money.
• Filing without the defendant's IC number or a current address, so service fails.
• Turning up without an affidavit of service when the defendant is absent.
• Turning up without documents or witnesses.
• Missing your own hearing date.
• Stopping at the judgment and never enforcing it.

This guide is general information about Malaysian law and court practice as at 13 October 2026. It is not legal advice for your situation. Fees and court practice change, so check with the court registry when you file.