An Affidavit of Debt is a critical legal document in Malaysian debt recovery proceedings, used when a creditor needs to formally establish the existence and details of a debt obligation in court. This sworn statement must be prepared in accordance with Malaysian law, particularly the Rules of Court 2012 and the Debtors Act 1957. The document is typically used when initiating legal action for debt recovery, supporting summary judgment applications, or as evidence in bankruptcy proceedings. It must contain precise details about the debt's origin, amount, payment history, and current status, all verified under oath. The Affidavit of Debt requires careful preparation as it serves as primary evidence in legal proceedings and must be executed before a Commissioner for Oaths to be valid under Malaysian law.
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1. Title and Case Reference: Formal title of the affidavit, court details, and case number if applicable
2. Deponent Details: Full name, NRIC/passport number, occupation and address of the person making the affidavit
3. Capacity Statement: Statement explaining deponent's role and authority to make the affidavit (e.g., creditor, authorized representative)
4. Debt Origin: Details of how the debt arose, including date, circumstances, and original amount
5. Current Debt Status: Current amount owed, including any interest calculations and payment history
6. Verification Statement: Declaration that the contents are true and accurate to the best of deponent's knowledge
7. Jurat: Formal closing statement with date and place of swearing/affirming the affidavit
1. Default Notices: Section detailing formal notices sent to the debtor - include when formal demands have been made
2. Partial Payments: Section detailing any payments received - include when there has been partial settlement of the debt
3. Interest Calculations: Detailed breakdown of interest calculations - include when claiming interest on the debt
4. Previous Legal Proceedings: Details of any prior legal actions - include when there have been previous attempts to recover the debt
5. Security Details: Information about any security held - include when the debt is secured against assets
1. Statement of Account: Detailed breakdown of the debt amount, payments, and current balance
2. Supporting Documents: Copies of relevant documents such as contracts, invoices, or demand letters
3. Correspondence Log: Timeline of communications with the debtor
4. Interest Calculation Schedule: Detailed calculations showing how interest has been computed
5. Payment History: Chronological list of all payments received and their application to the debt
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