- Civil litigation
- Debt recovery
I received a writ in Malaysia. How many days do I have to respond?
How many days do I have to respond to a writ in Malaysia?
In Malaysia you have 14 days after a writ is served to respond, not counting the day of service, or 20 days in some Sabah and Sarawak cases. To respond, file a memorandum of appearance at the court within that time (Rules of Court 2012, Order 12 rule 4); your defence is due 14 days after it ends.
A writ (writ saman in Malay, 传票 in Chinese) is the sealed court paper that starts most civil claims for money, often called a "saman sivil". It is not a fine, and ignoring it does not lead to arrest; it leads to a judgment against you without a hearing. It does not order you to attend court, even if it shows an e-Review date (see the FAQ); a Form 198 small claim differs (see below). "Served" means formally delivered: handed to you, or sent by A.R. registered post. The person or company suing you is the claimant; the writ calls them the plaintiff.
The memorandum of appearance (memorandum kehadiran in Malay, 出庭备忘录 in Chinese) is a short court form that says you will defend the case. Filing it is called "entering an appearance". A letter or a call to the claimant's lawyer does not count. The same 14 days apply in the Magistrates' Court, the Sessions Court and the High Court.
Key facts (Malaysia, as at 29 October 2026):
- 14 days after a writ is served to enter an appearance.
- The day of service is not counted: day 1 is the next day.
- 20 days in some Sabah and Sarawak cases.
- Your defence is due 14 days after the appearance period ends, not 14 days after you file.
- Weekends and public holidays count; a last day when the registry is closed moves to the next day it opens.
- Court fee to enter an appearance: RM20 (High Court) or RM8 (Sessions or Magistrates' Court).
- A judgment in default adds fixed costs of up to RM5,000 (High Court), RM3,000 (Sessions Court) or RM2,000 (Magistrates' Court).
- 30 days after you receive a judgment in default to apply, and serve your application, to set it aside (cancel it).
- A writ for a debt does not lead to arrest. Bankruptcy needs a debt of RM100,000 or more, and usually a judgment first.
How do I count the 14 days?
Count the day after the writ is served on you as day 1; day 14 is your last day to file the memorandum of appearance.
Weekends and public holidays inside the 14 days count. Only the last day can move. If day 14 falls on a day the court registry is closed, you are in time on the next day it opens.
For example, a writ is handed to you on Monday 2 November 2026. Day 1 is Tuesday 3 November. Day 14, your last day to enter an appearance, is Monday 16 November 2026. Your defence is then due by Monday 30 November 2026.
If your writ says the day of service is included (forms before 1 August 2023 did), file a day earlier to be safe.
File early, not on day 14. A form counts as filed only when the court fee is paid.
If you live in Sabah or Sarawak, it is 20 days when your home, or your company's registered office, is outside the division or residency of the issuing court office. Check the days printed on your writ. If it says 14, or you are not sure, count 14 days.
When does the clock start if the writ came by post or went to my company?
The 14 days run from the day the writ is served on you, not from the date printed on it. A writ can usually be served up to 6 months after it is issued, so it may reach you months later.
- Handed to you: it is served that day, even late at night.
- To your company: a writ can be left at, or posted to, its registered office (its SSM address), or handed to a director, the company secretary or another officer. If a staff member received it at your shop or branch, or it reached your company secretary's office, count from the earliest of those days. Whether that was proper service is for your lawyer; do not wait to find out.
- By A.R. registered post: count from the day anyone at your address signed the A.R. card (the post office's receipt card), even if you opened the writ later. If the postman left a slip and the letter was collected later, count from the day the slip was left. The law presumes a posted writ is served when the post would normally deliver it.
For example, a family member signs the A.R. card on Thursday 22 October 2026, and you open it a week later. Day 1 is Friday 23 October; day 14, your last day, is Thursday 5 November 2026.
If someone you never authorised signed, that may later help you set aside a judgment (see the FAQ). Do not count on this if a family member at your home signed, and never wait because of it. A company should ask its company secretary and staff today what arrived, and when.
Not sure it is genuine? See how to check whether a court paper is real, inside your 14 days, not instead of them.
How do I file a memorandum of appearance, and do I need a lawyer?
An individual may file a memorandum of appearance without a lawyer, at the registry of the court named on the writ; a company must use a lawyer.
The memorandum is Form 11 under the Rules of Court. Some guides call it Form 2, but Form 2 is the writ. There is no official blank Form 11 online: ask for one at the court, or copy its wording from the Rules. In it you give your name and the address where you live now; later court papers will be sent there.
- Fill in Form 11 with the case number on the writ, sign it, and make a copy. The court's name is at the top of the writ (in Malay, Mahkamah Majistret, Mahkamah Sesyen or Mahkamah Tinggi).
- Take both to that court's registry (its filing office). In Peninsular Malaysia most courts take papers at an e-Filing service bureau counter in the court building. Staff there scan your form in and may charge a small fee. For Sabah and Sarawak, or if you live far away, see the FAQ.
- Pay the court fee: RM20 in the High Court, or RM8 in the Sessions or Magistrates' Court.
- The same day, post a copy to the claimant's lawyer at the address on the writ, by registered post. Keep the receipt and the stamped copy the court returns.
Filing the form does not admit the claim, or that the writ was properly served. To dispute service, apply to the court within the time for your defence.
A director cannot file the form or the defence for a company, such as a Sdn Bhd. In a small claim (a claim of RM5,000 or less on Form 198), the company acts through a full-time employee it authorises. So a company should instruct a lawyer in the first days, not near day 14; see how to find a lawyer in Malaysia.
When is my defence due, and what goes in it?
Your defence (pernyataan pembelaan in Malay, 答辩书 in Chinese) is due 14 days after the time for entering an appearance ends. If the statement of claim reaches you later, the 14 days run from when it is served.
Filing your appearance early does not bring this date forward. In the 2 November example, the defence is still due by Monday 30 November 2026, even if you file the form on 4 November.
A defence is your written answer to the statement of claim (the claim in detail, which usually comes with the writ). It states the facts you rely on, not your evidence. Deny each fact you do not accept: a fact you leave undenied is taken as admitted. If you dispute only part of the claim, say which part you accept and which you dispute. The claimant can ask for judgment on the part you accept without a trial. State expressly any payment you made, or that the claim is out of time: an old debt's time limit protects you only if you raise it.
There is no official template for a defence. For a card or loan debt, check the amount claimed against your statements: your payments, the interest and the fees. If you cannot write it yourself, take the writ and the statement of claim to the Bar Council Legal Aid Centre in your state early.
If the claimant owes you money, for example for faulty goods, you can set it off in your defence and add a counterclaim (your own claim) in the same document. Filing a defence costs RM16 in the High Court and RM8 in the Sessions or Magistrates' Court. A counterclaim costs RM400 (High Court), RM200 (Sessions) or RM100 (Magistrates'). File your defence and give a copy to the claimant's lawyer, by hand or by registered post, well before the 14 days end; keep proof.
Can I get more time to respond to a writ?
Only the claimant's written agreement or a court order gives you more time. Settlement talks, a reply letter, a payment plan and a part payment do not stop the clock. Nor does court mediation, a meeting the court can arrange once the case is under way to help both sides settle.
The claimant's lawyer can agree in writing to a later date for the defence, with no court order. Whether that also works for the appearance is less clear. So file your memorandum of appearance on time, and ask the claimant's lawyer in writing for more time for the defence (a company's lawyer does this for it).
The court can extend any time limit, even after it has passed, but you must apply and it may refuse.
What if I missed the 14 days, or found the writ late?
If no judgment has been entered yet, you can still file your memorandum of appearance late, so file it at once. A late appearance gives you no extra time for your defence unless the court orders it, so prepare the defence at the same time.
If you do nothing, the claimant can get judgment in default (penghakiman ingkar in Malay, 缺席判决 in Chinese): judgment without a hearing. The same can follow if your defence is late. The judgment adds fixed costs of up to RM5,000 (High Court), RM3,000 (Sessions Court) or RM2,000 (Magistrates' Court), plus expenses. These apply only to a judgment in default (see the FAQ for a defended case).
You can apply to the court to set aside (cancel) a judgment in default. File the application, and serve it on the claimant, within 30 days after you receive the judgment. After that, you must also ask for more time and explain the delay. What you must show depends on how the writ reached you:
- Not properly served: the judgment was irregular (wrongly entered), and you are entitled to have it set aside if you act promptly.
- Properly served: you must show, in an affidavit (a sworn statement), a defence on the merits, meaning a real issue that deserves a trial.
A judgment that stands can be enforced, for example against your bank account or your goods; see how a judgment is enforced in Malaysia. See a lawyer the day you find the writ or the judgment.
Setting aside is not a way out of a debt you owe: a valid claim still ends in judgment (see the FAQ if you owe the money). Our debt recovery guide shows these steps from the claimant's side.
Is it a writ, or a paper with a different deadline?
Not every legal paper gives you 14 days to enter an appearance, so check the title at the top of yours.
- Writ of summons: enter an appearance within 14 days after service.
- Originating summons: no appearance. File your affidavit within 21 days after the claimant's affidavit is served on you, and attend on the date given.
- Form 198 small claim: file your defence in Form 199 within 14 days after service, and attend on the hearing date; see what a defendant does in a small claim.
- Bankruptcy notice: 7 days after service to pay, or to file an affidavit.
- Section 466 notice to a company (a demand that can lead to a petition to wind up the company): 21 days.
- Construction Payment Claim: a written Payment Response within 10 working days.
- Criminal summons: attend court on the date shown.
- A lawyer's letter of demand: no court deadline, but ignoring a letter of demand can lead to a writ. See your first 7 days after a letter of demand.
A reply letter pauses none of these deadlines; our guide on disputing a letter of demand explains why. The free Lawyer's Letter Check names the paper you hold and the date that matters.
Talk to a lawyer in the first days after a writ arrives. If you cannot pay one, the Bar Council Legal Aid Centre gives free advice.
This article is general information about Malaysian law as at 29 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, costs and forms change, so check the current rule before you rely on a figure.
Frequently asked questions
Is the day I received the writ counted in the 14 days?
No. In Malaysia the 14 days start on the day after the writ is served on you, so the day you received it is not counted. If a writ is handed to you on Monday 2 November 2026, day 1 is Tuesday 3 November and day 14 is Monday 16 November 2026. Since 1 August 2023 the writ form itself says "excluding the day of such service". Some older forms and online answers still say the day is included. If your writ says so, file a day early to be safe.
Do weekends and public holidays count in the 14 days?
Yes. In Malaysia, Saturdays, Sundays and public holidays inside the 14 days all count; they do not give you extra days. Only the last day can move. If day 14 falls on a day the court registry is closed, such as a public holiday, you are in time on the next day it opens. Check your court's days, and file well before day 14.
Do I have to go to court on the e-Review date shown on my writ?
No. In Peninsular Malaysia an e-Review date is for the court's online case management, which the Judiciary describes as an exchange of written messages without attending court. The writ itself orders you to enter an appearance, not to attend court. The e-Review date does not replace or extend your 14 days, so file your memorandum of appearance in time. If you act without a lawyer, ask the registry when you file how you will be told about case management. Never ignore a notice the court sends you.
Can I file my memorandum of appearance online, or from another state?
In Peninsular Malaysia, usually not: online e-Filing is set up for law firms. Without a lawyer, take the paper Form 11 to the e-Filing service bureau counter at the court named on the writ. In Sabah and Sarawak you can register free on the e-KSS portal as a self-represented litigant and file papers online; ask the registry whether that covers your Form 11. The court must approve your account first; if time is short, go there for help. If you live far away, phone the court's registry at once. Do not post the form near day 14.
Does replying to the bank's lawyer stop the 14 days?
No. In Malaysia a letter, email, call or WhatsApp message to the claimant's lawyer is not an appearance, and it does not stop the 14 days. Nor do settlement talks, a payment plan or a part payment. Only the claimant's written agreement or a court order gives you more time. If you are discussing payment, file your memorandum of appearance anyway. Get any deal in writing, and make sure it says what it settles and how the case will end.
Can I be arrested or jailed for ignoring a writ?
No. A writ for a debt starts a civil claim in Malaysia. Ignoring it leads to judgment in default, not arrest. A court can order arrest or civil prison over a debt only in narrow cases. One example is a debtor who ignores a court order, made after judgment, to attend and explain their finances. Bankruptcy also needs a debt of RM100,000 or more, and usually a judgment first. Ignoring the writ still hurts you: the claimant gets judgment without hearing your side.
The writ went to my old address, or a relative signed for it. What now?
Act now. Treat the day anyone signed for it, or the day a post-office slip was left if earlier, as the day of service. File your memorandum of appearance or, if judgment has been entered, apply to set it aside. In Malaysia a writ may be posted to your last known address. The Federal Court has held that a judgment in default on a posted writ needs an A.R. card signed by you or someone you authorised. That helps mainly when the writ never reached you, not when a relative at your home signed and passed it on.
Can a director file the appearance or defence for my Sdn Bhd?
No. In Malaysia a company must enter an appearance and defend a writ through a lawyer. A director cannot file the forms for it. In a small claim (a claim of RM5,000 or less on Form 198), it acts through an authorised full-time employee. A judgment against a Sdn Bhd is against the company, not its directors or shareholders. You can still be liable yourself if, for example, you signed a personal guarantee, often in a supplier's credit form. If the writ also names you, enter your own appearance too.
The debt is more than 6 years old. Can I ignore the writ?
No. In Peninsular Malaysia most debt claims must be brought within 6 years, but the court does not apply that limit by itself. You must raise it in your defence. If you ignore the writ, the claimant can get judgment in default even on a debt that was out of time. So enter an appearance in time, and state the time limit in your defence. A part payment or a signed admission can restart the 6 years, and Sabah and Sarawak have their own limits.
What is summary judgment?
Summary judgment is judgment without a trial. After you enter an appearance, a claimant who says you have no real defence can apply for it under Order 14 of the Rules of Court 2012. It can cover all or part of the claim. You answer with an affidavit (a sworn statement) within 14 days after service. The court gives judgment unless you show an issue that needs a trial. If the application is served before your defence, your defence is not due until 14 days after the court gives you leave to defend, or the date it sets.
If I defend and lose, what costs will I pay?
In Malaysia, if you defend and lose at trial, the court usually orders you to pay the claimant's costs as well as the sum awarded. It fixes the amount at the end, after hearing both sides. There is no fixed table for a trial, and the amount need not equal the claimant's full legal bill. You also pay your own lawyer, and the judgment carries interest until you pay. The fixed costs of up to RM5,000, RM3,000 or RM2,000 are for a judgment in default, not a trial.
Can I get legal aid to defend a debt claim in Malaysia?
You can get free advice, but free representation is narrower. The Legal Aid Department gives civil legal aid only for listed matters, such as tenancy, hire purchase, moneylender and consumer claims, unless the Minister allows a hardship case. Its list does not name ordinary bank or credit card debts. The Bar Council Legal Aid Centre, with branches in each state in Peninsular Malaysia, gives free legal advice in civil matters. It may also represent you if you pass a means test, but you pay the court fees and other expenses. Go early, and take the writ and its papers.
What should I bring to a lawyer or the Legal Aid Centre?
Bring the writ and every page served with it, any post-office slip, and a note of the day it arrived and who received it. For a card or loan debt, add your statements and any letters from the bank or its lawyers. For a business dispute, add the contract or purchase orders, invoices, delivery orders, and every complaint letter, email, WhatsApp message and photo about the dispute. Go in the first days after the writ arrives, not near day 14, so there is time to file your memorandum of appearance and prepare your defence.
I owe the money. Can I pay and stop the case?
Yes. A Malaysian writ for a debt says the case is stayed (paused) if you pay the amount claimed and the costs stated on it within 8 days of service. For these 8 days, count the day of service itself as day 1. This is a choice, not a deadline; it does not change your 14 days to enter an appearance. You can also settle later, on written terms; pay only the claimant or the law firm's account. Paying does not by itself end a filed case: the claimant must withdraw it, or the court must record the settlement.
I owe the money but cannot pay it all at once. Should I still file?
Yes. In Malaysia, if you do not enter an appearance, the claimant can get judgment without a hearing for everything the writ claims, including interest and fees, plus fixed costs. Filing keeps your right to question the amount, interest and charges, and gives you time to agree terms. Offer the claimant's lawyer, in writing, instalments you can keep. An agreed plan can be recorded as a judgment by consent, which usually makes the whole balance due if you miss one payment. Do not file a defence you know is untrue. After judgment, you can still ask the court for instalments.
Sources
- Rules of Court 2012 (P.U.(A) 205/2012), Orders 1, 3, 5, 6, 10, 12, 13, 14, 15, 18, 19, 21, 22B, 27, 28, 32, 42, 47, 59, 61, 62, 63A and 93, and Forms 2 and 11 (gazette text as first made)
- Rules of Court (Amendment) (No. 2) 2012 (P.U.(A) 286/2012), Form 2A (the writ in the Subordinate Courts)
- Rules of Court (Amendment) 2013 (P.U.(A) 67/2013), Appendix B (court fees for an appearance, a pleading and a counterclaim)
- Rules of Court (Amendment) 2020 (P.U.(A) 351/2020), Order 10 rule 1 and Order 93 rule 1
- Rules of Court (Amendment) 2023 (P.U.(A) 229/2023), Forms 2 and 2A (the day of service is excluded), in force 1 August 2023
- Rules of Court (Amendment) 2025 (P.U.(A) 265/2025), Order 59 rule 22 and the Appendix (fixed costs on a judgment without trial)
- Interpretation Acts 1948 and 1967 (Act 388), sections 12, 19 and 54
- Limitation Act 1953 (Act 254), sections 4, 6, 26 and 27
- Companies Act 2016 (Act 777), sections 20, 46, 192 and 466
- Insolvency Act 1967 (Act 360), sections 3(1)(i) and 5(1)(a), reprint as at 1 November 2017
- Insolvency (Amendment) Act 2020 (Act A1624), section 2 (RM100,000), in force 1 September 2021
- Construction Industry Payment and Adjudication Act 2012 (Act 746), sections 5 and 6
- Debtors Act 1957 (Act 256), section 4
- Legal Aid Act 1971 (Act 26), section 12
- Legal Aid (Amendment of Second and Third Schedules) Order 2022 (P.U.(A) 274/2022), the Third Schedule
- Malaysian Bar: Bar Council Legal Aid Centre
- Judiciary of Malaysia: media statement on e-Review case management in the High Court, Sessions Courts and Magistrates' Courts (2020)
- Kuala Lumpur Bar, Civil Practice and Court Liaison Committee: Return date and e-Review (24 March 2020)
- e-Kehakiman Sabah and Sarawak: Self-Represented Litigant user registration manual (2024)
- Chief Justice's Practice Direction No. 1 of 2026 on court mediation, in Bar Council Circular No. 358/2026
- Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd [2021] 3 MLJ 159 (Federal Court, 5 March 2021)
- Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd [2020] 2 MLRA 264 (Federal Court, 17 February 2020)
- Lai Yoke Ngan & Anor v Chin Teck Kwee & Anor [1997] 3 CLJ 305 (Federal Court), as quoted in Arab-Malaysian Credit Bhd v Nationwide Industries Sdn Bhd & Ors (High Court, Kota Kinabalu, 24 September 2021)
- Tuan Ahmed Abdul Rahman v Arab-Malaysian Finance Bhd [1996] 1 CLJ 241 (Federal Court), as quoted in the same High Court decision