Well…it’s about time someone taught us this! I can only wonder why weren’t we taught of such basic (and MUCH NEEDED) knowledge back in school.
We all have a bunch of annoying friends who keep borrowing our money (like we own a bank or something) and never returns it. If you don’t have that annoying friend, maybe you are the ‘annoying friend’.
Thanks to Mohd Khairul Azam bin Abdul Aziz a.k.a Buzze Azam, a friendly Malaysian lawyer, who shared on his Facebook page on how to claim back debts that are below RM5,000, now many Malaysians can get back their long-awaited money from friends who are just too thick skinned to return it back.
Here are the simple steps (translated from BM by World of Buzz):
1. Go to the nearest Magistrates’ Courts
2. Look for the information counter of the court
3. If you see that the clerk there had just finished putting on her makeup, give her a chance to take some selfies first
4. Then ask her, “Hi Miss, where can I get the Small Claims Form?” (it’s also known as Form 164 and it’s FREE)
5. Fill in the form neatly, according to the printed instructions (remember to fill in the amount clearly!)
6. Sign the form and file the form in court by handing it over at the registration counter. There will be a small court fee to be paid (about RM30)
7. Take the sealed copy from the court and serve the form to your defendant (your debtor) by hand or by post. Make sure it’s a registered post because you need proof of delivery
8. Wait with anticipation for the court date where justice will be served on your behalf
9. Your defendant can defend themselves after you have served them with the form, by filing Form 165 and explaining why they are denying the claim
10. On the day of your court proceeding, tell the judge, “Your Honour, I have filed the Small Claims Form on the mentioned date and I have also served the summons to the defendant on the mentioned date. Please help me pass judgement on this case.”
11. The judge will ask for the verification of your IC, bank-in slip that you have loaned money to the defendant or any other relevant documentation
12. If the defendant is not present, the court may give judgement for you. But don’t worry if the defendant is present because the court will also be able to give judgement on your behalf
13. Sometimes, you may encounter some stubborn debtors who want to fight the case and filed the denial form. The judge will then guide both of you through the procedures and collect all evidence before making a judgement.
Let justice be served and ultimately get back our money…woohoo!