Getting back money you are owed

How long you have

These claims cannot be brought after 6 years from the date the cause of action accrued, unless the Act provides otherwise:

• claims founded on a contract or on tort
• claims to enforce an award
• claims to recover a sum recoverable under a written law, other than a penalty or forfeiture

Limitation Act s 6(1)

A claim on a court judgment cannot be brought after 12 years from the date the judgment became enforceable, and arrears of interest on a judgment debt cannot be recovered after 6 years from the date the interest became due.

Limitation Act s 6(3)

When the clock starts again

If the person who owes you a debt or other liquidated money claim acknowledges it or pays something towards it, your right of action is treated as accruing on the date of that acknowledgment or last payment, and not before.

Limitation Act s 26(2)

A part payment of rent or interest due does not extend the time for claiming the rest of the rent or interest then due, but a payment of interest counts as a payment towards the principal debt for this purpose.

Limitation Act s 26(2)

Where your claim is based on fraud by the person you are suing or their agent, where your right of action was concealed by such fraud, or where you are seeking relief from the consequences of a mistake, time does not start to run until you discovered the fraud or mistake, or could with reasonable diligence have discovered it.

Limitation Act s 29(1)

Which court

Subject to the limits in the Act, a First Class Magistrate can try civil actions where the amount in dispute or the value of the subject matter is not more than RM100,000.

Subordinate Courts Act s 90

Subject to the limits in the Act, a Sessions Court can try civil actions where the amount in dispute or the value of the subject matter is not more than RM1 million, and can try any civil action about motor vehicle accidents, landlord and tenant, or distress, whatever the amount.

Subordinate Courts Act s 65(1)

If the parties to a case agree in writing that a Sessions Court will try it, and it is a case the Sessions Court could try if the amount were within its limit, the Sessions Court can try it even though the amount is above that limit. The agreement must be filed in the Sessions Court, and once it is filed, the parties are subject to that court for the case.

Subordinate Courts Act s 65(3), (4)

The Subordinate Courts Act applies throughout Malaysia.

Subordinate Courts Act s 1(2)

If you are owed money as a consumer

The Consumer Protection Act establishes a tribunal for consumer claims.

Consumer Protection Act s 85

The Tribunal can hear consumer claims within the Act where the total amount claimed is no more than RM50,000.

Consumer Protection Act s 98(1)