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I received a letter of demand in Malaysia. What do I do in the first 7 days?

What to do when you receive a letter of demand in Malaysia: the short answer

A letter of demand in Malaysia is a private letter, not a court order. Nobody can arrest you, seize your belongings or lock your house because of it. But a court case may come next, so do not ignore it, and do not pay in a hurry. In the first 7 days, read it, check that it is real, collect your papers, decide whether you owe the money, and reply in writing.

People also call it an LOD, a lawyer's letter, a demand letter, surat tuntutan, notis tuntutan or 律师信.

Check one thing first. A few documents look like a letter of demand but have a deadline set by law. Look for these words on your document:

  • "Writ of Summons" or "Writ Saman", or any paper with a court's name and a case number.
  • "Judgment" / "Order" or "Penghakiman" / "Perintah", with a court's name.
  • "Bankruptcy Notice" or "Notis Kebankrapan".
  • "section 466" (seksyen 466) or "winding up" (penggulungan), in a letter to a company. The law gives the company 21 days.
  • "Payment Claim" (Tuntutan Pembayaran).
  • "Notice of Arbitration" (Notis Timbang Tara).

If you see any of them, this 7-day plan is too slow for you. Go to the full list in Day 2, and get legal advice the same day.

If you hold an ordinary letter of demand, you have time to do this properly. Use your first week like this:

  1. Day 1: Read the letter twice and write down its dates. Do not pay or reply yet, and do not phone to argue.
  2. Day 2: Check what the document is, and check that it is real.
  3. Day 3: Collect your papers and write down what happened, in date order.
  4. Day 4: Decide whether you owe the money, part of it, or none of it.
  5. Day 5: Decide whether you need a lawyer, and get advice if you do.
  6. Day 6: Write a short reply.
  7. Day 7: Send it in a way you can prove, and keep a copy of everything.

The days are steps, not fixed dates. If your letter gives 14 days, take more time for each step. If the date in your letter is tomorrow or has already passed, do not panic. Do Day 1 and the Day 2 checks now, then send the short reply in Day 6 that asks for documents and more time.

To go straight to your own case, see the five situations in Day 4. This guide is general information. If the amount is large for you, or you are unsure, get advice on your own case.

What a letter of demand (LOD) is, and what it is not

A letter of demand is a private letter that says you owe money, or that you must do something or stop doing something. It is not a court document. Most come from a law firm writing for its client. Some come from the creditor (the person or company that says you owe it money), or from a debt collection agency.

The letter does not mean that you have been sued (that someone has started a court case against you). But if it mentions a case number, a judgment or a court order, it is not an ordinary letter. Go to Day 2 now.

In an ordinary letter of demand, the "7 days" or "14 days" is the sender's own timetable. No law fixes that date. There is one exception: a letter that is also a formal notice under your agreement, such as a notice that ends a tenancy or a bank's notice that calls back a loan. If the letter quotes a clause of your agreement, and says the agreement will end or the whole sum will become due when the date passes, treat the date as real. Get advice before it passes.

A letter by itself cannot do any of these things:

  • Have you arrested or jailed. Owing money on an ordinary debt is not a crime.
  • Take your goods or the money in your bank account.
  • Lock or seal your house.
  • Make you bankrupt or wind-up a company.

For an ordinary debt, each of these normally needs a court case first, then a court judgment (the court's decision) against you, then a further court process. A few debts follow their own rules: a car on hire purchase or a home used as security for a loan, when the letter comes from that lender; unpaid rent; and unpaid charges for a condominium or apartment. A bank's terms may also allow it to use money you hold at that bank to pay your loan or card there.

So why take the letter seriously? Three reasons:

  • It is often the last step before a court case. The sender can start a court case at any time.
  • What you say now, and sometimes your silence, can be used in court later.
  • This is the cheapest and calmest time to deal with the matter, whether you owe the money or not.

How to read the phrases in a lawyer's letter

Lawyers' letters use fixed phrases that can sound harsh:

  • "We are instructed that ..." means: this is what our client says happened. It is a claim, not a court's decision.
  • "Within seven (7) days from the date of this letter" means: this is the date our client has chosen.
  • "Failing which our client will commence legal proceedings without further reference to you" means: if you do nothing, our client may sue without warning you again.
  • "All costs will be borne by you" means: our client will ask the court to make you pay legal costs. Only a court can order that, unless your agreement already says you will pay them.

Day 1: Read the letter, write down the dates, and do not act in a hurry

On Day 1, read the whole letter of demand twice, slowly, and do nothing else. Much of the harm people do to themselves happens in the first few hours: an angry phone call, a payment made in panic, or a WhatsApp message that says too much.

Then write these down on one sheet of paper:

  • The date printed on the letter, and the date you actually received it.
  • How it reached you: registered post, courier, by hand, email or WhatsApp.
  • Who sent it: the law firm's name, its reference number and its client.
  • What they want, and the reason: an amount of money, or something you must do or stop doing.
  • The date they want it by.

Keep the envelope. The post office's date stamp on it shows when the letter was sent. Take a photo of every page.

Today, do not:

  • Phone the sender or the sender's lawyer to argue or explain.
  • Pay anything, to anyone.
  • Sign anything.
  • Reply by WhatsApp, voice note or a quick email.
  • Post the letter on social media.
  • Throw it away, or refuse to collect it. Refusing a registered letter does not make the claim go away. You only lose the chance to read it and your conduct may be perceived as evading service.

It is normal to feel afraid. A letter like this is written to get your attention. It is still only a letter. If the worry is too much, call Befrienders KL on 03-7627 2929. The line is free, confidential and open 24 hours a day.

Day 2: Check what the document is, and check that it is real

On Day 2, check that the document is only a letter of demand, and check that it really comes from the sender it names.

Is it a letter of demand, or a document with a legal deadline?

Check the words, not the look. Search every page for the names below. Court documents in Peninsular Malaysia are usually in Malay, so look for the Malay names too.

If your document is one of these, and not just a letter that mentions one, a deadline set by law is running. It counts from the day the document was served on you. "Served" means delivered to you in the way the law requires, for example handed to you or sent by registered post.

  • Writ of Summons (Writ Saman), with a court's name, a case number and a court seal: 14 days to tell the court you will defend the case. If you miss it, the court can give judgment against you without a hearing.
  • Form 198 (Borang 198), the small claims summons, for claims up to RM5,000: 14 days to file your defence in Form 199. You must also attend court on the hearing date printed on the form.
  • Judgment or court order against you (Penghakiman, Perintah), often sent with a lawyer's letter: 30 days from the day you receive it to ask the court to set it aside (cancel it), or 21 days in a small claim. If that time has passed, you can still apply, but you must also ask the court for more time.
  • Bankruptcy Notice (Notis Kebankrapan), issued by a court after a court judgment against you: 7 days. If you miss it, the creditor can ask the court to make you bankrupt if the debt is RM100,000 or more (RM150,000 or more beginning 2027).
  • "Section 466" notice (notis seksyen 466) sent to a company, for a debt of more than RM50,000: 21 days from delivery to the company's registered office. If the company misses it, the creditor can ask the court to wind the company up (close it by court order).
  • Form 16D (Borang 16D), a bank's notice of default on a loan secured on a property with its own title: at least one month to bring the loan up to date. After that the bank can apply to have the property sold by auction.
  • Fourth Schedule notice (Jadual Keempat), or "Notice of intention to repossess", under a hire-purchase agreement: at least 21 days. After that the owner (the bank or finance company) may take back the car or the goods.
  • Form 11 or Form 20 (Borang 11, Borang 20) from the management of your condominium or apartment, for unpaid maintenance charges: 14 days. This is one of the few debts where not paying, without a good reason, is itself an offence.
  • Payment Claim (Tuntutan Pembayaran), a formal claim for payment under a construction contract, which may lead to adjudication proceedings if payment remains outstanding after 10 working days from receipt of the Payment Claim.
  • Notice of Arbitration (Notis Timbang Tara), a formal notice initiating arbitration proceedings, similar in function to a Writ of Summons (Writ Saman) in court proceedings. The recipient may be required to respond within a prescribed timeframe under the applicable arbitration rules.

Some of these look exactly like a lawyer's letter. A "section 466" notice comes on a law firm's letterhead (the printed name and address at the top). A Form 16D, a hire-purchase notice and a Form 11 come from a bank, a finance company or your building's management. None of them names a court. Any other paper that names a court or a tribunal has its own date too.

Form 16D, Form 11 and Form 20 are used in Peninsular Malaysia and Labuan. Sabah and Sarawak have their own laws. If your home has no separate title yet, the bank does not use Form 16D, so treat the bank's own letter as urgent.

If you hold one of these documents, write down the date it reached you and how, keep the envelope, and get legal advice the same day. If you cannot reach a lawyer, phone the court office or the body named on the document, and ask what you must file and by when.

If you find none of these names, and the page has only a law firm's or a company's letterhead and the sender's own reference number, it is an ordinary letter of demand. Not sure? Our Lawyer's Letter Check asks a few short questions, then tells you what the document is and which date matters.

Is the letter real, or a scam?

A real letter of demand can reach you by post, by hand, by email or by WhatsApp. No law says how an ordinary letter of demand must be delivered. And scammers copy real law firms' names, so the name on the letter proves nothing. Make three checks before you reply or pay:

  1. Search for the law firm in the lawyers' directory for its region. Peninsular Malaysia: the Malaysian Bar's Legal Directory. Sabah: the Sabah Law Society. Sarawak: the Advocates Association of Sarawak.
  2. Phone the firm on the number shown in the directory, not the number on the letter. Give the reference number and ask two things: did your firm send this letter, and where should a reply go? This call is only a check. Do not discuss the claim.
  3. If the creditor is a bank or a company, contact it through its official phone number, website or branch. Ask what amount its records show, and whether this firm or agency acts for it.

If the firm says it did not send the letter, ask it to confirm that by email. Then do not pay and do not reply to the sender. Keep the letter and make a police report.

Warning signs of a fake:

  • You are told to pay into an account in the name of someone who is neither the creditor nor the law firm, or into an e-wallet.
  • You are threatened with arrest, jail or a frozen bank account over an ordinary debt.
  • The deadline is counted in hours: "pay before 2pm today".
  • The sender talks to you only by WhatsApp or phone, and refuses to give an office address or an office phone number.
  • The letter says it is from a lawyer, but it is not on a law firm's letterhead, or nobody has signed it.

A warning sign is not proof. Check with the firm before you decide that a letter is fake.

A "court document" that reaches you only as a photo or a message may be a fake. But a court can order that real court documents be sent by WhatsApp or email, and then your deadline is already running. Do not pay anyone, and do not ignore it. Phone the court office named on the document, on a number from the Judiciary's website (kehakiman.gov.my).

Never pay cash to a caller or a collector. Pay only the creditor itself, or the law firm's account in the firm's name. If you are unsure about an account, check its number on the police's Semak Mule portal first. A clean result is not proof that the account is safe. If you have already paid a scammer, call your bank and the National Scam Response Centre on 997 at once.

Is it from a lawyer, a creditor or a debt collector?

A debt collection agency may write to you and ask you to pay. It is not a law firm, and it is not a court. A collector has no power of its own to take your things, and may not threaten or harass you. Ask for the agency's name, and for its letter from the creditor that says it may collect this debt.

Agencies that collect bank loans, credit cards and other consumer credit must register with the Consumer Credit Commission (SKP). Agencies that were already working on 1 June 2026 have until 30 November 2026 to apply. SKP's conduct standards say that these collectors must not shame you, must not tell your family or your employer about the debt, and must not take your payment. You pay the lender directly.

Keep every message. Threats can be crimes. You can make a police report, and you can complain to the creditor that sent the collector.

Day 3: Collect your papers and write down what happened, in date order

On Day 3, collect your papers and write down what happened, in date order. Anyone who helps you later will ask for both, and your reply must match your papers.

Collect:

  • The agreement, quotation, invoice, tenancy agreement or loan document that the claim is based on.
  • Proof of what you paid: receipts, bank transfer slips and statements.
  • Messages and emails between you and the creditor. Export them or take screenshots. Do not delete anything.
  • Delivery notes, photos, or anything else that shows what was done or not done.
  • Any earlier reminders or letters.

Then write a one-page timeline: the date, what happened, and which document proves it. Start at the beginning of the deal and end with the letter.

Now calculate the amount yourself. What was agreed? What have you paid? What, if anything, is left? Compare your figure with the figure in the letter. Mark every difference: interest, late charges, "administrative fees" and legal fees. For each one, look for the term in your agreement or invoice that allows it. If you cannot find one, ask the sender to show it.

Find two more dates: the date of your last payment, and the last date you said in writing that you owe the debt. A text message can count. You will need both on Day 4 if the debt is old.

Day 4: Decide whether you owe the money, part of it, or none of it

On Day 4, decide whether you owe the money. Most people are in one of these five situations, and you may be in two at once. Read each one that fits you.

1. You owe the money and you can pay

Check the amount first. If the letter adds a sum for the lawyer's fee for writing the letter, look at your agreement. You owe that fee only if you agreed in writing to pay it, as many loan and tenancy agreements say. In Peninsular Malaysia, a Bar Council ruling also says a lawyer must not demand the fee without such a written agreement. If your agreement is silent, you owe legal costs only if a court later orders them.

Before you pay, ask the sender to confirm in writing that the creditor accepts your payment "in full and final settlement" of the claim, and will claim nothing more. Confirm the account number by phoning the firm on the number in the lawyers' directory. Then pay the creditor, or the law firm's account in the firm's name, as the letter says. If you are paying the whole sum demanded and the sender does not answer, pay anyway. Keep the transfer slip. Thereafter, write a brief letter to the sender confirming that payment has been made, enclosing the transfer slip as proof. You may state that such payment "shall constitute full and final settlement of the claim" and that there shall be no further claim against you in respect of the same. You may also request an official receipt for the payment.

If you pay the debt but leave out a fee or interest that you dispute, say in writing what you paid and what you dispute. That puts your reason on record. It does not end the claim for the rest: only the sender's written agreement to accept your payment in full settlement does that.

2. You owe the money but you cannot pay it all now

Do not stay silent. Calculate what you can really pay each month, then make an offer in writing. Offer only what you can keep paying. A promise that you break leaves you in a worse position than no promise.

Know two things first. An offer to pay normally admits the debt: your letter can be used later to show that you owe the money. So make your offer on the amount you agree you owe, and say which sums you dispute and why. And if the debt is old, read situation 4 before you write anything.

Write only about this debt and what you can pay each month. Do not write that you "cannot pay your debts" or have "stopped paying your creditors". If you owe RM100,000 or more, a notice like that can itself be used to start bankruptcy proceedings.

A creditor does not have to accept instalments, but a realistic written offer is often worth more to it than a court case. If the creditor agrees, get the plan in writing before your first payment: the amounts, the dates, what happens to interest, and that the creditor will not sue while you keep to the plan.

If the debt is a bank loan or a credit card, contact AKPK (Agensi Kaunseling dan Pengurusan Kredit), an agency set up by Bank Negara Malaysia. Its service is free, and it can arrange a repayment plan with your banks if you meet its conditions.

3. You do not owe the money, the amount is wrong, or you have already paid

Say so in writing, in a few calm sentences, and attach your proof. Ask the sender for the documents that support the claim, and for a statement that shows how the amount was calculated. Day 6 gives you the sentences.

You have no legal duty to reply to a letter of demand, and silence does not, by itself, prove that you owe the money. But a court can take your silence into account when it decides whom to believe, especially in a business dispute. A short written denial greatly reduces that risk. It must be true, and it must match what you would say in court.

If you have your own claim against the creditor, such as a deposit that was not returned, say so in the same reply, with the amount and the reason. You do not have to go to court first: if the sender sues you, you can normally raise your own claim in the same case. But your claim has its own time limit, so do not leave it for years.

4. The debt is very old

Be careful here. In Peninsular Malaysia a creditor usually has 6 years to sue for a debt, counted from when the payment fell due. A loan secured on property, such as a housing loan, has 12 years. In Sabah and Sarawak the time limit is 6 years for a written contract, and 3 years for money lent or an agreement that was not in writing. If a court has already given judgment for the debt, the limits are longer: in Peninsular Malaysia a judgment can be enforced for 12 years.

An old debt does not disappear, and the time limit can start again. A payment, or a signed written admission / acknowledgement of the debt, can restart it. A text message or an email can count as a signed written admission or acknowledgement. In Peninsular Malaysia this may happen even after the 6 years have passed. In Sabah and Sarawak it happens only if the payment or the admission is made before the time limit ends. But anywhere in Malaysia, a signed written promise to pay an old debt can be enforced as a new agreement.

So do not "pay a little first", and do not write "I will pay when I can", until you have taken advice. And never ignore a court document because the debt is old. You must raise the time limit in court yourself. The court will not raise it for you.

5. The letter is about an accident, an online post, a tenancy, your business or another person's debt

  • A road accident. Send a copy to your motor insurer today. Do not admit fault and do not offer to pay. Motor policies usually require you to tell the insurer at once and to pass on every letter and court document.
  • Something you said or posted. Do not repeat it, do not post the letter, and do not reply in public. Save a copy of the post, then think about taking it down while you get advice. A quick correction or apology can reduce what you might have to pay, but the wording matters.
  • A tenancy, and you still live there. A landlord cannot lock you out or evict you (make you leave) without a court order. But a landlord can ask a court for an order to take goods for unpaid rent, and a notice that ends your tenancy may be a real notice under your agreement. Do not ignore either.
  • A tenancy, and you have moved out. Ask for a list of each month of rent and each item of damage claimed, with photos and repair bills. Say how much deposit the landlord still holds. Collect your tenancy agreement, your receipts, and any photos or messages from the day you returned the keys.
  • Your company (Sdn Bhd). The claim is against the company, not against you, unless you signed a personal guarantee (your own promise to pay the company's debt). Check the forms you signed when the account was opened, and ask the sender for a copy of any guarantee. Reply for the company, on its letterhead. If the letter mentions "section 466" or "winding up", see Day 2.
  • Your own business that is not a company. A sole proprietorship or an ordinary partnership (a business with no "Sdn Bhd", "Bhd" or "PLT" in its name) is not a separate person in law. The debts of the business are your own debts.
  • Someone else's debt. A relative's debt is not your debt unless you signed as a borrower or as a guarantor (a person who promised to pay if the borrower does not). If the relative has died, the debt is paid from what the relative left behind, not from your own money. If you have received something from the estate, or you manage it, get advice.

Day 5: Decide whether you need a lawyer

On Day 5, decide whether you can deal with the letter yourself. You often can when the matter is small and simple: you agree that you owe the money and will pay it, or you have a receipt that proves you already paid.

Get legal advice before you reply when:

  • The document has a legal deadline (see Day 2), or comes from a court.
  • The amount is large for you, or your home or business is at risk.
  • You dispute the claim, and a simple document such as a receipt does not prove your side.
  • The debt is old.
  • The letter is about something you said or posted.
  • The letter is addressed to your company, or you signed a guarantee.
  • You have read the letter three times and still do not understand what it wants.

A first meeting should tell you what your position is. Bring the letter, your papers from Day 3 and your timeline. Lawyers in Peninsular Malaysia may not publish their fees, and a first meeting may not be free, so ask about the fee when you book. Our guide on how to find a lawyer in Malaysia shows how to choose a lawyer and check that the lawyer is allowed to practise.

If you cannot afford a lawyer

  • The Legal Aid Department (Jabatan Bantuan Guaman) gives legal advice to Malaysian citizens who cannot afford a lawyer, for a RM10 registration fee. It does not normally act in court on an ordinary debt claim.
  • The Bar Council runs Legal Aid Centres in the states of Peninsular Malaysia. In Sabah and Sarawak, ask the Sabah Law Society or the Advocates Association of Sarawak.

If the claim is RM5,000 or less, and the person claiming is an individual who claims for himself or herself, a court case will usually be a small claim. As a rule, neither side may have a lawyer at a small claims hearing, so you would speak for yourself. Our guide on how to file a small claim in Malaysia explains the procedure, including what a defendant can do.

Day 6: Write a short reply

On Day 6, write a short reply to the letter of demand. A reply puts your side in writing, and it can start talks to settle the matter. It does not need to be long or clever.

  • Address it to the sender. Write the sender's reference number and the date of its letter. If the sender is not a law firm, write "you" where the sentences below say "your client".
  • Keep it to one page. Facts, not feelings.
  • State your position: you agree, you do not agree, or you agree with part.
  • Do not say that you owe something, even part of it, unless you mean it. If the debt is old, read situation 4 in Day 4 before you write that you owe or have paid any part.
  • Do not threaten or insult.
  • Sign it, date it and keep a copy.

If you need more time

Send a short reply that asks for it. Use it only for an ordinary letter of demand: it does not stop the deadline on a court document, on any notice in the Day 2 list, or on a formal notice under your agreement. Four sentences are enough:

  • "I received your letter dated [date] on [date]."
  • "I am looking into the matter and taking advice."
  • "Please send me copies of the documents your client relies on, such as any agreement and invoices, and a statement showing how the amount is calculated."
  • "I will reply in full by [a date about 14 days away]. I do not admit your client's claim. Nothing in this letter is an admission, and all my rights are reserved."

The last sentence means: I am not agreeing to anything yet. The sender does not have to wait, but a quick, polite request shows that you acted reasonably. Keep the date you give. If you still need time when it comes, write again before it passes.

If you do not agree with the claim

  • "I refer to your letter dated [date], which I received on [date]."
  • "I do not agree that I owe your client RM[amount], because [one short reason]. I attach [the receipts or other proof]."
  • "Please send me the documents your client relies on, and a statement showing how the amount is calculated."
  • "I may have other reasons. All my rights are reserved."

If you agree with part of the amount and need time to pay it

  • "I agree that RM[amount] is unpaid."
  • "I do not agree with RM[amount] for [late charges or legal fees], because [one short reason]. Please show me how this is calculated."
  • "I can pay RM[amount] on the [day] of each month, starting on [date]. Please confirm in writing that your client accepts this, and will not sue while I keep to these payments."

The first sentence admits that part of the debt, and it can be used in court. Write it only if you are sure of the figure. Do not use it for an old debt before you read situation 4 in Day 4.

The words "without prejudice"

Many people think the words "without prejudice" (tanpa prejudis) protect anything they write. They do not. They protect one thing: a real offer to end a dispute. That offer normally cannot be shown to the court to prove that you owe the money.

  • You dispute the claim, or part of it, and you want to offer a deal. Put the offer in its own letter, write "Without prejudice" at the top, and say in it that the offer is not an admission. Send your main reply separately, without those words.
  • You agree that you owe the money, and you only ask for time. The words may not protect you. Your letter still admits the debt. A payment also still counts as a payment.
  • You are not sure which one you are. Take advice before you send an offer.

Day 7: Send the reply in a way you can prove, and keep a copy

On Day 7, send your reply by email and by registered post, to the address you confirmed on Day 2. Do not answer inside a WhatsApp chat: sign your letter, scan it or take a clear photo of it, and attach it to the email. Keep the posting slip and the sent email.

If you have moved, and you have confirmed that the sender is real, give an address where post will reach you. Court documents can be sent by registered post to your last known address. Some people have lost a court case without knowing about it, because the court documents went to an old address.

Then keep one folder with the letter, your reply, the proof of posting and everything from Day 3. Write down every call you receive: the date, the caller and what was said. If someone phones to discuss the claim, you can say: "Please put that in writing."

After that, check your letterbox, and collect every registered letter. If a court document arrives, a legal deadline starts. For a writ, it is 14 days from the day the writ is served on you.

What happens if you ignore a letter of demand and the 7 or 14 days pass

If you ignore an ordinary letter of demand, nothing happens automatically when the 7 or 14 days end. People say a letter of demand is only a scare tactic, and sometimes the sender does nothing more. But you cannot know that. The sender may send a reminder, may start a court case at once, or may wait. It usually has years to sue.

If the sender sues, a court document is served on you. For most claims it is a writ of summons (Writ Saman). This kind of "saman" starts a court case. It is not a fine. You then have 14 days to tell the court that you will defend the case, and a written defence is due soon after. If you miss either step, the court can give judgment against you without a hearing.

With a judgment, the creditor can ask the court to make you pay: to question you about your income and property, to take and sell your goods, or to take money from your bank account. A house or land can be reached only through further court orders. You normally pay more than the original debt, because interest and part of the creditor's legal costs are added.

Our guide What happens if I ignore a letter of demand? covers these steps in more detail. Our guide to debt recovery in Malaysia shows the same steps from the creditor's side.

Related guides from Tai & Khan Partnership

This article is general information, not legal advice on your case. Reading it does not make you a client of the firm. It states the law as at 13 October 2026, mainly for Peninsular Malaysia. Where Sabah and Sarawak differ, the article says so only for the points it covers.

Frequently asked questions

Is a letter of demand (LOD) the same as a summons or being sued?

No. A letter of demand is a private letter from the person who says you owe them, or from that person's lawyer. People also call it an LOD, a lawyer's letter, surat tuntutan or 律师信. No court sent it. A court case starts when a court document, such as a writ of summons (saman), is filed in court, and your deadline starts when that document is served on you. A court document names a court and has a case number and a court seal.

Can I ignore a letter of demand in Malaysia?

You should not. People say a letter of demand is only a scare tactic, and sometimes the sender does nothing more. But the sender can start a court case at any time, and it usually has years to do so. No law forces you to reply, and silence alone does not prove the debt. But a court may hold your silence against you, especially in a business matter. A short written reply costs little and helps to protect your position.

The date in the letter of demand is tomorrow, or it has already passed. Am I too late?

No, if it is an ordinary letter of demand. The sender chose that date, and no law fixes it. But the sender may now go to court at any time, so act today. Check that the letter is real. Then send a short written reply that says when you received the letter, and asks for documents and more time. A court document, a notice with a deadline set by law, or a formal notice under your agreement is different: get legal advice the same day.

Can I go to jail, or can they take my car or house, because of a letter of demand?

No. Owing money on an ordinary debt is not a crime, and a letter cannot take anything from you. To take your goods or your money, a creditor normally needs a court judgment and then a further court process. Goods on hire purchase, a home used as security for a loan, unpaid rent, and money you hold at the bank you owe follow different rules. Only a court can order arrest or prison over a debt, and only in rare cases, such as a person who has the money to pay a court order and refuses. If a letter threatens you with the police over an ordinary debt, treat that as a warning sign and check that the letter is real.

Is a letter of demand sent by WhatsApp or email valid?

It can be. No law says how an ordinary letter of demand must be delivered, so one sent by email or WhatsApp can be real. Check it in the same way as a paper letter before you reply or pay. Court documents are different. They must be served in the way the court rules require, and a court can order service by message. If you receive one that way, check it with the court office. Do not ignore it.

Do I have to pay the lawyer's fee stated in a letter of demand?

Only if you agreed in writing to pay it, or a court orders it. Check your agreement. In Peninsular Malaysia, a Bar Council ruling says a lawyer may demand the cost of the letter only if a written agreement between you and the lawyer's client says you will pay it. The sender may still ask for it as a term of settling. You can refuse, and the sender can then choose whether to go to court.

I owe the money but I cannot pay it all now. What should I do?

Do not stay silent, and do not promise more than you can pay. Calculate what you can pay each month, and make an offer in writing. An offer to pay normally admits the debt, so make it on the amount you agree you owe, and say which sums you dispute. If the debt is old, take advice before you write or pay anything. A creditor does not have to accept instalments. If it agrees, get the plan in writing before your first payment. For bank loans and credit cards, AKPK can arrange a repayment plan with your banks, free of charge, if you meet its conditions.

Will a letter of demand get me "blacklisted" in CCRIS or CTOS?

Not by itself. The letter is not itself an entry on either report. CCRIS shows how you have repaid your bank loans over the last 12 months, and any legal action a bank reports. A CTOS report can show court cases, bankruptcy, and unpaid bills listed by suppliers who subscribe to CTOS. So missed payments, unpaid bills and court cases can appear, whether or not anyone sends you a letter.

The letter is addressed to my company or my business. Do I have to pay it myself?

It depends on the kind of business. If it is a Sdn Bhd, usually not: a company is a separate person in law, so its debts are its own. But you may have to pay from your own money if you signed a personal guarantee, or made the contract in your own name. If it is a sole proprietorship or an ordinary partnership, the claim is against you personally: the debts of the business are your own. One warning for a company: a notice under "section 466" that gives the company 21 days is not an ordinary letter of demand. If the 21 days pass, the creditor can ask the court to wind the company up, so get legal advice the same day.

Sources

  1. Rules of Court 2012 (P.U.(A) 205/2012), as amended: Order 10 rule 1, Order 12 rule 4, Order 13, Order 15 rule 2, Order 18 rule 2, Order 19 rule 2, Order 42 rules 12 and 13, Order 59 rule 3, Order 62 rule 5, Order 92 rule 1 and Order 93
  2. Limitation Act 1953 (Act 254), sections 4, 6, 21, 26, 27 and 28
  3. Sabah Limitation Ordinance (Cap. 72)
  4. Sarawak Limitation Ordinance (Cap. 49)
  5. Evidence Act 1950 (Act 56), sections 8, 17, 21 and 23
  6. Contracts Act 1950 (Act 136), sections 26(c) and 64
  7. Debtors Act 1957 (Act 256), sections 4, 6 and 15
  8. Insolvency Act 1967 (Act 360), sections 3(1)(g), 3(1)(i) and 5(1)(a)
  9. Partnership Act 1961 (Act 135), section 11
  10. Companies Act 2016 (Act 777), sections 20 and 466(1)(a)
  11. Gazette Notification No. 4159 of 29 March 2021 (company debt of more than RM50,000)
  12. National Land Code (Act 828), section 254 and Form 16D
  13. Hire-Purchase Act 1967 (Act 212), section 16 and the Fourth Schedule
  14. Strata Management Act 2013 (Act 757), sections 34, 35, 78 and 79
  15. Strata Management (Maintenance and Management) Regulations 2015 (P.U.(A) 107/2015), Forms 11 and 20
  16. Specific Relief Act 1950 (Act 137), section 7(2)
  17. Distress Act 1951 (Act 255), section 5
  18. Defamation Act 1957 (Act 286), sections 7 and 10
  19. Penal Code (Act 574), sections 415, 503 and 506
  20. Rules and Rulings of the Bar Council (as at 13 July 2026), Rulings 9.01(3), 14.02, 14.03 and 14.13
  21. Legal Profession (Publicity) Rules 2025 (P.U.(A) 462/2025), rule 7(a)
  22. Consumer Credit Act 2025 (Act 873), sections 57, 87 and 135
  23. Consumer Credit Commission (SKP), Conduct Standards, 5 June 2026
  24. Legal Aid Act 1971 (Act 26), section 29
  25. Legal Aid Department, eligibility of the applicant
  26. Legal Aid Department, questions and answers on fees and contributions
  27. Yam Kong Seng & Anor v Yee Weng Kai [2014] 4 MLJ 478 (Federal Court)
  28. Agensi Kaunseling dan Pengurusan Kredit (AKPK)
  29. Bank Negara Malaysia, Central Credit Reference Information System (CCRIS)
  30. CTOS, frequently asked questions
  31. Persatuan Insurans Am Malaysia (PIAM), Motor Insurance Consumer Guide
  32. Judiciary of Malaysia, Scam Alert
  33. National Scam Response Centre (997), National Anti-Financial Crime Centre

About the author

Harith Khan

Partner

Harith Khan is a Partner at Tai & Khan Partnership and leads the firm’s debt recovery and litigation practice. He is an Advocate and Solicitor of the High Court of Malaya, admitted in November 2018. His practice today is in debt recovery and civil litigation, acting for businesses and individuals on letters of demand, statutory demands, court proceedings and the enforcement of judgments. He also advises on wills, probate and the administration of estates.

Areas of practice

  • Debt recovery for businesses and individuals
  • Letters of demand and statutory demands
  • Civil and commercial litigation
  • Enforcement of judgments
  • Wills, Probate & Administration