# What is the small claims limit in Malaysia, and what does it cost to file?

The small claims limit in Malaysia is RM5,000 and the court fee to file is RM20. A simple claim costs about RM70 to RM100 from filing to judgment. This guide lists each fee, what you get back if you win, and your options above RM5,000.

By [Harith Khan](https://www.tkp.com.my/partners/harith) · Published 13 October 2026 · Last reviewed 13 October 2026

## The small claims limit and the filing fee: the short answer

The small claims limit in Malaysia is RM5,000, and the court fee to file a claim is RM20. Only an individual can file, and only for money owed to that person. You file on Form 198 (Borang 198) at a Magistrates' Court (Mahkamah Majistret), and neither side may bring a lawyer to the hearing. From filing to judgment, you usually pay about RM70 to RM100 in total. A judgment is the court's written decision. In Malay, the procedure is called Tuntutan Kecil.

- The most you can claim: RM5,000
- Who can file: An individual only. A company cannot.
- Fee to file: RM20
- Total cost to get a judgment: About RM70 to RM100. If the other side fights the claim, the fees stay about the same and the case takes longer.
- What you get if you win: The money you claimed. On top of it: up to RM100 towards your expenses, and interest until you are paid.
- Lawyers: Not allowed at the hearing, for either side
- Where to file: The Magistrates' Court for the area where the other person lives or does business, or where the deal was made
- If you are owed more than RM5,000: Give up the extra, file an ordinary court case, or use a tribunal
- If a company is owed the money: The company files an ordinary court case through a lawyer

These figures are correct as at 13 October 2026. This article explains the limit and the cost. For the method, read our guide [How to file a small claim in Malaysia, step by step (Form 198)](https://www.tkp.com.my/publications/how-to-file-a-small-claim-in-malaysia-step-by-step-form-198).

## Who can file a small claim, and what counts towards the RM5,000?

You can file a small claim in Malaysia if you are an individual and you claim RM5,000 or less in money. Exactly RM5,000 is fine. RM5,001 is not. There is no minimum.

Check these seven points:

- You must be a person, not a company. A company (Sdn Bhd), an LLP (PLT), a society or a condominium's management body cannot file a small claim. Neither can someone who collects another person's debt. A freelancer or a one-person business counts as a person: file in your own name.
- You can claim against anyone. The other side can be a person or a company. If the shop or cafe is not a company and one person owns it, name the owner, followed by "trading as" and the business name. If partners own it, name each partner.
- The claim must be for money. A loan to a friend, a rental deposit your landlord did not return, an unpaid invoice, goods paid for and never delivered, a repair bill for damage someone caused. A fixed sum fits best. Proof can be an agreement, a receipt, a bank transfer record or printed WhatsApp messages.
- The RM5,000 is the total you ask for. Add together everything the same person owes you under the same agreement. If the agreement allows interest or a late fee, count it up to the day you file. The costs and interest the court adds at the end are extra and do not count.
- A loan with interest needs care. If you lent money to a friend and charged interest, ask a lawyer before you file, because the court may refuse to enforce the loan.
- You must use this procedure if your claim fits it. You cannot choose an ordinary court case so that a lawyer can speak for you.
- You must be in time. In Peninsular Malaysia you have six years from the date the money should have been paid. If no date was agreed, count from the day you handed over the money, to be safe.

Sabah and Sarawak have their own time limits. For many everyday claims, such as a loan, unpaid goods or unpaid work without a written agreement, you have three years, and the time can start on the day of the loan or the delivery. A few claims have only one year. Check before you wait.

### Has the small claims limit gone up from RM5,000?

No. The small claims limit in Malaysia has been RM5,000 for more than 30 years, and no increase has been announced as at October 2026. The same limit applies in Sabah and Sarawak.

If you have seen "RM50,000" somewhere, that is the limit of the Tribunal for Consumer Claims, which is a separate body. It is described below.

## How much does it cost to file a small claim in Malaysia?

The court fee to file a small claim on Form 198 is RM20. It is a flat fee: you pay the same whether you claim RM200 or RM5,000.

But RM20 is not the whole cost. After you file, you must send the form to the other side, prove to the court that you sent it, and collect the court's decision. Each step has a small charge:

1. File Form 198 at the court: RM20. The form itself is free.
2. Send the form to the defendant, the person you are claiming from, by registered post with an AR card. This is a reply card that the receiver signs and the post office returns to you. About RM3.40.
3. Sign a short statement that you sent the form, called an affidavit of service, in front of a Commissioner for Oaths (Pesuruhjaya Sumpah). This is an officer who witnesses sworn statements, and many courts have one on the premises. RM10, plus RM5 for each document you attach.
4. File that statement at the court: RM8.
5. Collect the sealed judgment, which is the court's stamped decision: RM20. The court leaflet for Sabah and Sarawak lists RM40.
6. Send the judgment to the defendant. The rules say the court posts it, but many courts ask you to send it by registered post: about RM3.40. Keep the receipt, because you cannot enforce the judgment until it has been sent to the defendant.

With two documents attached, such as the posting receipt and the AR card, that comes to about RM75. Allow RM70 to RM100. If you need the exact name and address of a business, a profile from SSM e-Info costs RM15.40 more.

If the defendant fights the claim, your court fees stay about the same. What grows is the time. The first court date is usually a few weeks to two months after you file. A claim that nobody fights often ends at the first or second date, and a claim that is fought can take several months. Expect two or three mornings at court in all: one to file, and one or two court dates.

### Is the small claims filing fee RM10 or RM20?

The fee to file a small claim on Form 198 is RM20, not RM10. Websites that say RM10 are out of date. That figure was printed on the first version of the form in 2012 and was corrected the same year.

### How do I pay the court fee?

Pay the court fee by debit or credit card if you can, because some court counters do not accept cash. In the Kuala Lumpur courts, for example, the counter takes a card or a bank draft, and cash goes into a deposit machine. There is no simple fee waiver for a small claim, so plan to pay the fees yourself.

## What do I get back if I win a small claim?

If you win a small claim, the court orders the defendant to pay the money you claimed. It can add two things.

- Up to RM100 towards your expenses. The court calls this "costs". RM100 is the ceiling for everything, including your court fees. The magistrate decides whether to order it. You do not get it automatically.
- Interest. The sum the court orders normally earns interest at 5% a year from the date of judgment until the defendant pays. On RM3,000 left unpaid for six months, that is RM75. Ask the magistrate to record the interest in the judgment.

The court does not repay your time, your travel or your lost pay. It also does not repay a fee you paid a lawyer for advice.

## What can I do if I am owed more than RM5,000?

If you are owed more than RM5,000, you can give up the extra, file an ordinary court case, or use a tribunal.

Give up the extra. You can usually claim RM5,000 and give up the rest. Write on Form 198 that you give up the balance, and ask at the court counter before you file. The part you give up is gone for good: you cannot sue for it later. You also cannot split one debt into two small claims. The more you must give up, the less sense this route makes.

File an ordinary court case for the full sum. The Magistrates' Court hears claims up to RM100,000, and the Sessions Court up to RM1,000,000. The court fee to start is RM100 in the Magistrates' Court and RM200 in the Sessions Court. That fee only starts the case: more court fees follow, and a lawyer's fee, if you use a lawyer, is the largest cost. A person may run the case alone or through a lawyer. A company must use a lawyer. The steps are more formal than a small claim, with written court documents and strict deadlines.

If you win an ordinary case, the court orders the other side to pay part of your costs. The amount comes from a fixed scale in the court rules, and it is usually less than you spent. A lawyer's fee for court work is agreed between you and the lawyer, so ask for it in writing before you start. The guide [Debt Recovery in Malaysia](https://www.tkp.com.my/debt-recovery) explains the ordinary route step by step, and [How to find a lawyer in Malaysia](https://www.tkp.com.my/publications/how-to-find-a-lawyer-in-malaysia-a-practical-checklist) explains how to choose a lawyer and what to ask about fees.

Use a tribunal, if your dispute fits one. A tribunal takes a larger claim for a small fee, and lawyers do not normally appear.

- Your dispute: Goods or services you bought for personal use from a business. Where to go: Tribunal for Consumer Claims. Limit: RM50,000. Fee to file: RM5.
- Your dispute: A house you bought from a developer (Peninsular Malaysia and Labuan). Where to go: Tribunal for Homebuyer Claims. Limit: RM50,000. Fee to file: RM10.
- Your dispute: A dispute in a condominium or other strata building (Peninsular Malaysia and Labuan). Where to go: Strata Management Tribunal. Limit: RM250,000. Fee to file: RM100 (residential) or RM200 (commercial).
- Your dispute: Unpaid wages. Where to go: The Labour Department for your state. Limit: No ringgit limit. Fee to file: Free.

None of these takes a loan between friends or family. That stays with the court.

Four cautions:

- Each tribunal has its own deadline: three years for the consumer tribunal, and 12 months for the homebuyer tribunal.
- The consumer tribunal is for a buyer who claims against a business. A seller or a supplier, such as a freelancer or a contractor chasing a customer, cannot use it.
- The consumer tribunal does not hear claims against regulated professionals such as lawyers and doctors, healthcare providers or airlines.
- A rental deposit of RM5,000 or less is an ordinary small claim. Above RM5,000, a landlord or a tenant usually needs an ordinary court case. The consumer tribunal does not deal with land, so ask the tribunal before you bring a tenancy dispute there. Malaysia has no tenancy tribunal as at October 2026.

## Is a small claim worth it for RM300, RM3,000 or RM7,000?

A small claim costs about RM70 to RM100 whatever the amount, so it pays best when the debt is much larger than the cost and the defendant can pay.

- You are owed RM300. The cost is up to a third of the debt. If you win, you get your RM300, and the court may add up to RM100 for your expenses. You see none of it until the defendant pays. Try a written demand first.
- You are owed RM3,000. The cost is about 3% of the debt. A claim is usually worth it when you know where the defendant lives or works.
- You are owed RM7,000. For example, you lent RM7,500 and got RM500 back. A small claim means giving up RM2,000 for good. An ordinary court case keeps the full RM7,000, but it costs more and takes more work. The bigger the sum you would give up, the stronger the reason to use the ordinary route.

Before you file, send one last written demand with a clear date for payment. The rules do not require it, and you can write it yourself. It costs almost nothing, and it often works. Our [Form 198 guide](https://www.tkp.com.my/publications/how-to-file-a-small-claim-in-malaysia-step-by-step-form-198) explains what to put in it.

The question that matters most is whether the defendant can pay. A court decision does not pay itself. A claim against someone with a job, a business or a fixed address is worth far more than a claim against someone who has disappeared. You also need the defendant's current address. Without it you cannot send the form, and the case cannot move.

## What if I win and the defendant still does not pay?

A small claims judgment does not collect the money. If the defendant ignores it, you pay again to enforce it. You choose how far to go.

Most people start with Form 208, the notice to show cause. This is a court notice that tells the defendant to pay, or to come to court and explain. It costs about RM45 to RM50 in all: RM20 to file, and the rest to send it and to prove that you sent it. The court then questions the defendant about the unpaid debt. It usually orders payment by instalments first. It can also order the defendant's goods to be seized and sold. Prison is a last resort: the court decides, not you, and it may ask you to pay the cost.

Only seizure needs a deposit. The court fees for seizure are about RM40, and you first pay a deposit for the bailiff, the court officer who carries it out. A court circular puts the deposit at RM1,000, so ask at the court counter for the current figure. The bailiff's expenses come out of the deposit. The court can ask for more, and you can ask for any balance back.

Step 6 of our [Form 198 guide](https://www.tkp.com.my/publications/how-to-file-a-small-claim-in-malaysia-step-by-step-form-198) explains how to enforce a small claim.

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

## Frequently asked questions

### Is the small claims limit in Malaysia RM5,000 or RM50,000?

The small claims limit in the Magistrates' Court is RM5,000. RM50,000 is the limit of the Tribunal for Consumer Claims, which hears a consumer's claim against a business and charges RM5 to file.

### Can I split a RM9,000 debt into two small claims?

No, you cannot split one debt into two small claims. You can usually claim RM5,000 and give up the rest, or you can file an ordinary court case for the full RM9,000.

### Can my Sdn Bhd or company file a small claim?

No, a company cannot file a small claim. Only an individual can. A Sdn Bhd or an LLP that is owed money files an ordinary court case through a lawyer. A company can be sued in a small claim. Under the rules in force since December 2020, the company then sends a full-time employee whom it has authorised, not a lawyer.

### Can I get my RM20 filing fee back if I win?

You can get the filing fee back only as part of your costs. The magistrate may order the defendant to pay your costs up to RM100, and that ceiling includes your court fees.

### Do I need a lawyer for a small claim?

No, you do not need a lawyer for a small claim, and a lawyer may not speak for either side at the hearing. You may pay a lawyer for advice before you file, but you cannot recover that fee from the other side.

### I am the defendant in a small claim. What do I do, and what does it cost?

File your defence in Form 199 within 14 days of receiving Form 198. It costs RM8, and RM20 more if you also claim money from the plaintiff, the person who filed the claim. If your own claim is above RM5,000, the case moves to the ordinary court procedure. Go to the hearing: if you ignore the claim, the court can give judgment against you. If you lose, expect to pay the sum claimed, costs of up to RM100, and interest until you pay. If what you received is a lawyer's letter and not a court form, our [Lawyer's Letter Check](https://www.tkp.com.my/lawyers-letter-check) shows what it is and your deadline, and [What happens if I ignore a letter of demand?](https://www.tkp.com.my/publications/what-happens-if-i-ignore-a-letter-of-demand) explains what comes next.

### Can I file a small claim online?

In Peninsular Malaysia you normally file a small claim at the court counter, where the staff enter it into the court's electronic system. In Sabah and Sarawak you can pre-register the claim online on the eKSS portal and then pay at the counter.

### Can I appeal a small claims decision, and what does it cost?

You can appeal a small claims decision only on a question of law, and you must file the notice of appeal within 14 days of the decision. The appeal goes to the High Court. The fee to file the notice is RM400, and you also pay to prepare the appeal record. Lawyers may appear there, and if you lose the appeal you may have to pay the other side's lawyer's costs. Treat the magistrate's decision as final unless a lawyer advises you that the law was applied wrongly.

## Sources

1. [Rules of Court 2012 (P.U.(A) 205/2012): Order 93 (small claims procedure), Forms 198 to 208, Order 42 rule 12 (interest after judgment), Order 55 (appeals from the subordinate courts), Order 59 (costs) and Order 77 rule 9 (a person who trades under a business name). 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) 2012 (P.U.(A) 232/2012), which corrected the fee printed on Form 198 from RM10 to RM20 (Bar Council Circular 174/2012)](https://www.malaysianbar.org.my/cms/upload_files/document/Circular%20No%20174-2012.pdf)
3. [Rules of Court (Amendment) 2013 (P.U.(A) 67/2013): Appendix B2, the scale of court fees in the subordinate courts, including the RM20 fee for a claim under Order 93](https://www.selangorbar.org/content_dtl.php?id=36593)
4. [Rules of Court (Amendment) 2018 (P.U.(A) 24/2018), which removed the RM1,000 deposit for an appeal from the subordinate courts](https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20180207_P.U.%20%28A%29%2024.pdf)
5. [Rules of Court (Amendment) (No. 2) 2018 (P.U.(A) 126/2018), which raised the fee for a notice of appeal to RM400](https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20180531_P.U.%20%28A%29%20126.pdf)
6. [Rules of Court (Amendment) 2020 (P.U.(A) 351/2020), which defines who may file a small claim and lets a company defendant appear by an authorised employee](https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20201216_PUA351_2020%20%28Reupload%2016.12.2020%29.docx.pdf)
7. [Rules of Court (Amendment) 2025 (P.U.(A) 265/2025), which replaced the scale of costs for ordinary cases in the subordinate courts](https://repositori.parlimen.gov.my/bitstream/123456789/3521/118/ST.155.2025)
8. [Subordinate Courts Act 1948 (Act 92): sections 65 and 90 (money limits of the Sessions and Magistrates' Courts), 67 (giving up part of a claim), 68 (claims may not be split), 93, 99A and the Third Schedule (place of suit)](https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/1753610_BI/Act%2092%20Muktamad%2018.4.2023.pdf)
9. [Courts of Judicature Act 1964, section 28 (appeals from the subordinate courts)](https://mylaw.my/legislation/courts-of-judicature-act-1964-91/section-28)
10. Limitation Act 1953, section 6 (the six-year time limit in Peninsular Malaysia)
11. [Limitation Ordinance (Sabah Cap. 72), Schedule](https://sagc.sabah.gov.my/sites/default/files/law/LimitationOrdinanceCap72.pdf)
12. [Limitation Ordinance (Sarawak Cap. 49), Schedule](https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_F-LIMITCP49%20Lawnet%202024.pdf)
13. Moneylenders Act 1951
14. [Chief Justice's Practice Direction No. 1 of 2012: interest on judgment debts at 5% a year (Bar Council Circular 165/2012)](https://www.malaysianbar.org.my/cms/upload_files/document/Circular%20No%20165-2012.pdf)
15. [Commissioners for Oaths Rules 2018 (P.U.(A) 67/2018), Second Schedule (fees)](https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20180301_P.U.%28A%2967.pdf)
16. [Malaysian Judiciary: Civil Trials Guidebook, chapter 2 (the small claims procedure is compulsory)](https://ekss-portal.kehakiman.gov.my/portals/media/others/Civil_Trials_Guidebook.pdf)
17. [Malaysian Judiciary: the leaflet "Mahkamah Tuntutan Kecil", with the fee for each form](https://selangor.kehakiman.gov.my/sites/default/files/2024-10/PDF%20Tuntutan%20Kecil.pdf)
18. [Malaysian Judiciary: the infographic "Prosedur Tuntutan Kecil di Mahkamah"](https://www.kehakiman.gov.my/sites/default/files/documents/Infografik/Prosedur_Tuntutan_Kecil_di_Mahkamah.jpg)
19. [Malaysian Judiciary: the eKSS small claims leaflet for Sabah and Sarawak](https://ekss-portal.kehakiman.gov.my/portals/media/attachments/Self-Representative/Small%20Claim.pdf)
20. [Malaysian Judiciary: the civil procedure page](https://www.kehakiman.gov.my/en/procedures-civil-cases)
21. [Kuala Lumpur courts: registry counters and payment methods](https://kl.kehakiman.gov.my/index.php/ms/akses-awam/maklumat-awam/lokasi-kaunterpejabat-pendaftaran-mahkamah)
22. [Chief Registrar's Circular No. 2 of 2005: the deposit before seizure and sale](https://www.malaysianbar.org.my/article/members/laws-bc-rulings-and-practice-directions/practice-directions/2005/pekeliling-ketua-pendaftar-no-2-tahun-2005-pelaksanaan-harta-alih-penyitaan-dan-penjualan)
23. [Pos Malaysia: registered mail prices](https://www.pos.com.my/send/mail/domestic/registered-mail)
24. [SSM e-Info: profile prices](https://www.ssm-einfo.my/products)
25. [Tribunal for Consumer Claims: jurisdiction](https://ttpm.kpdn.gov.my/Bidang_Kuasa_Tribunal.html)
26. [Tribunal for Consumer Claims: frequently asked questions](https://ttpm.kpdn.gov.my/soalan-lazim.html)
27. [Tribunal for Homebuyer Claims](https://www.kpkt.gov.my/index.php/pages/view/292)
28. [Strata Management Tribunal](https://etps.kpkt.gov.my/portal)
29. [Employment Act 1955, section 69, and the Labour Department's frequently asked questions on labour cases](https://jtksm.gov.my/ms/soalan-lazim/soalan-lazim-kes-buruh)
30. [Bernama, 4 August 2026: the Residential Tenancy Bill is being finalised](https://bernama.com/bm/am/news.php?id=2590055)

Web page: https://www.tkp.com.my/publications/what-is-the-small-claims-limit-in-malaysia-and-what-does-it-cost-to-file