KUALA LUMPUR, Feb 28 — On many occasions, an injured party seeking legal redress can be arduous for those with no legal background for having to navigate the intricate legal system.
They are further discouraged from being adequately compensated, since many are incapable of facing the prospect of lengthy and expensive lawsuits due to their circumstances.
But as the proverbial saying goes, justice delayed is justice denied.
It is for this very reason why Malaysia’s judicial system does provide for a simplified and cost-effective legal process designed to resolve small amounts of money disputes through the Small Claims Court.
This comes as many have raised personal injuries and damage concerns over improper firework handling following incidents of dangerous firework display set off during the recent Chinese New Year celebration, widely circulated on social media last month.
This included recorded footages depicting fireworks being shot from a condominium's balcony and fireworks misfiring in an unknown residential area in KL and several vehicles being set ablaze when a fireworks stall went up in flames at Dataran Perniagaan Cheras.
Here’s a simple explainer by Malay Mail on the small claim procedure in Malaysia, based on publicly available information obtained from the Malaysian Judiciary and civil law.
What is the Small Claims Court?
It is an alternative to the regular court system, which can be time-consuming and expensive.
The Small Claims Court serves to make seeking justice more publicly accessible and affordable, especially for cases where the disputed amount makes hiring a lawyer impracticable, as the procedure is designed to be accessible to individuals without legal training.
What sets it apart from other courts is that it only hears cases between an individual plaintiff (person suing) and a defendant (person being sued) whereby the amount claimed does not exceed RM5,000.
Another distinction of the Small Claims Court is that parties are not allowed to be represented by a legal counsel except where the defendant is required by law to be represented by an authorised person.
There are several types of civil claims one can file at the Small Claims Court for remedies, damages or compensation to name a few:
- Loans
- Property/motor vehicle damage
- Personal injury claims
- Contract dispute
The procedure for small claims cases is governed by Order 93 of the Rules of Court 2012, with a Magistrate presiding over each hearing.
What happens during a Small Claim hearing?
The hearing takes place like all other court proceedings, where the plaintiff must prove their claim against by producing witnesses and tendering documentary evidence; with the defendant filing their defence and any counterclaim if any.
While parties may still seek the advice of lawyers when pursuing or defending a small claim, they are required to be self-represented.
During the hearing, parties can also opt for a settlement and the Magistrate may deliver a consent judgment verdict — a decision made with the consent of all the parties.
At the end of the hearing, the Magistrate will deliver their decision by either allowing or dismissing the claim.
Most importantly: The Magistrate’s judgment is final and neither parties can appeal.
Enforcing the court order
In the event, the defendant fails to show up or file their defence, the court may enter judgment against them, and vice versa for an absent plaintiff.
But what happens if the person against whom the judgment is made (judgment debtor) has shown non-compliance by refusing to pay?
Three things can possibly take place by way of a court order (after the plaintiff has filed a notice to show cause):
- Order a writ of seizure and sale to be issued
- Allow the judgment debtor time to settle the debt or pay the debt by instalments, based on the circumstances of the case
- Commit the judgment debtor to prison
