Small Claims Affidavit Template for Malaysia

A Small Claims Affidavit is your gateway to recovering debts and resolving disputes efficiently through Malaysia's simplified court system. This sworn document allows you to present your case to the Magistrates' Court for claims up to RM10,000, providing an accessible alternative to complex civil litigation procedures.

When do you need this document?

You need a Small Claims Affidavit when pursuing monetary recovery through Malaysia's small claims procedure. This includes situations where customers refuse to pay for goods or services, contractors fail to complete work after receiving payment, or when someone owes you money under a written or verbal agreement. The document is essential for landlords seeking unpaid rent, suppliers chasing outstanding invoices, or individuals recovering personal loans. You must use this format when your claim does not exceed RM10,000 and falls within the Magistrates' Court jurisdiction under the Subordinate Courts Act 1948.

Key legal considerations

Your affidavit must contain specific elements to be legally valid and persuasive. Include your complete personal details with NRIC or passport number, clearly state your capacity in relation to the claim, and provide a chronological account of relevant facts. You must specify the exact amount claimed, including any interest or costs, and attach supporting documents such as contracts, invoices, or correspondence. The facts must be within your personal knowledge and stated as true to the best of your belief. Consider the limitation period under the Limitation Act 1953, as you generally have six years from when the debt became due to file your claim. Ensure all amounts are clearly justified and that you have made reasonable attempts to recover the debt before court action.

Legal requirements in Malaysia

Under Malaysian law, your Small Claims Affidavit must comply with the Rules of Court 2012 and be properly attested by a Commissioner for Oaths. The document must be sworn or affirmed before this authorized officer, who will verify your identity and witness your signature. You must bring original identification documents and any supporting evidence when making the affidavit. The Rules of Court specify the required format and information that must be included, including the court's name and location, your relationship to the case, and the specific relief sought. The affidavit must be filed within the prescribed time limits and accompanied by the appropriate court fees. Under the Evidence Act 1950, the document serves as evidence of the facts stated, making accuracy and completeness crucial for your case's success.