Pretty often, we would come across many people naming and shaming friends or relatives on social media who refuse to pay back the money they have borrowed.
Although the total amount may not add up to be a lot, it is still your hard-earned money and should not be taken lightly. Especially when you’ve lent it out of good will! So you fume and rage, thinking of all the possible ways to get your moolah back.
psa: don’t do this, though!
Ever been in such a situation? Well activist and lawyer, Mohd Khairul Azam bin Abdul Aziz, or more commonly known as Buzze Azam, has advised on these types of ‘friendly’ loans, which tend to amount to less than RM5,000.
He shares,
“Often, there are no written documents stating that the person owes you a sum of money, maybe the only documentation you have is the bank-in slip. Sometimes, you might not even have this, because you previously met the person face-to-face and passed the cash over. If you’re lucky, there may be an eyewitness at the scene.”
“So, here’s what you need to do if you want to collect your debts that are less than RM5,000 with the help of a court summons, because you cannot officially use the services of a lawyer to sue the person. Everything must be done by yourself. But you can claim from the debtor through the appropriate court procedures.”
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.
PS: Best of all, you don’t have to waste money by hiring a lawyer to do all this.
Simple, isn’t it? And you have justice on your side to help you!
Now that you know what to do, go ahead and get back what is owed to you. And when you do, can belanja us makan ah? 😉
Also read: Malaysian Man Disgustingly Created Fake Bank Receipt Just to Scam OWN Friends!
