Get your dues: How the Small Claims Court allows you to seek compensation for damages, injuries

KUALA LUMPUR, Feb 28 — Seeking legal redress can be challenging, especially for individuals without a legal background. The process is often complex and costly, discouraging many from pursuing rightful compensation.

To address this, Malaysia’s judicial system offers a simplified and cost-effective solution: the Small Claims Court. This court is designed for disputes involving amounts up to RM5,000, making justice more accessible by eliminating the need for legal representation—except in specific cases where required by law.

Recently, incidents of fireworks mishandling during Chinese New Year have sparked concerns about personal injury and property damage, highlighting the relevance of small claims procedures.

What is the Small Claims Court?

The Small Claims Court provides an alternative to traditional legal proceedings, which can be lengthy and expensive. It only handles cases between an individual plaintiff and a defendant, ensuring a straightforward resolution process.

Common claims include:

Loan disputes

Property/motor vehicle damage

Personal injury claims

Contract disputes

Governed by Order 93 of the Rules of Court 2012, a Magistrate presides over the hearings. Plaintiffs must present evidence and witnesses, while defendants can file a defense or counterclaim. Settlements are encouraged, and once a judgment is made, it is final—no appeals are allowed.

What if the Defendant Doesn’t Pay?

If the defendant refuses to comply, the court can enforce payment through:

1. A writ of seizure and sale of assets.

2. Allowing payment in instalments.

3. Committal to prison for non-compliance.

The Small Claims Court ensures that legal remedies remain accessible to all, offering a practical path to justice without the burden of expensive legal fees.