Keywords:   Mareva injunction Malaysia, freezing debtor assets, debt recovery Malaysia, legal action for debt, how to stop debtor hiding...

Key takeaways A proof of debt is a formal legal document used to claim money owed during a company’s liquidation. It must include supporting evidence such as invoices, contracts, and statements, and be affirmed before a Commissioner for Oaths. Creditors generally have three months to file after a winding-up order, with notices issued by the liquidator. Claims are reviewed by the liquidator, who may accept, reject, or request further clarification. Creditors can appeal a rejec

Learn how a Judgment Debtor Summons (JDS) helps enforce debt recovery in Malaysia through court orders, asset disclosure, and legal compliance.

Key Takeaways: Debt collection is legal in Malaysia, but it must comply with fair practices and regulatory guidelines. The Limitation Act 1953  sets a 6-year time limit to file a legal claim for most debts. The Debtors Act 1957  provides additional enforcement tools, such as arrest, examination of debtors, and attachment of property after a court judgment. This limitation period can be reset  if the debtor acknowledges the debt or makes a partial payment. Creditors can escala

Key Takeaways Debt recovery in Malaysia is governed by laws such as the Limitation Act 1953 and the Debtors Act 1957 . The recovery process begins with verifying the debtor’s identity, precourt debt recovery attempts, and possibly filing a court claim. The appropriate court depends on the amount owed: Magistrates’ Court (up to RM100K), Sessions Court (RM100K–RM1M), and High Court (above RM1M). After obtaining judgment, enforcement options include bankruptcy, winding-up, garni

Learn when to use CIPAA for construction payment disputes in Malaysia. Discover how combining pre-court recovery with adjudication leads to better outcomes!

Key Takeaways CIPAA adjudication is a statutory process for resolving construction payment disputes quickly and enforceably. Pre-court...

The Small Claims Court in Malaysia offers individuals a streamlined and cost-effective avenue to resolve disputes involving sums not...

Introduction Unpaid invoices are a major challenge in the construction industry, where delayed payments can cripple cash flow and disrupt...

Winning a lawsuit is one thing— actually recovering the debt  is another battle. If a debtor refuses to pay despite a court judgment, you...

Introduction Unpaid debts can severely impact cash flow and hinder business growth. Whether you're a small business owner, freelancer, or...

As a Debt Recovery Lawyer; I've seen countless "sleeping investors" get burnt in investments. Investing in a business as a sleeping...

Introduction Debt recovery is a crucial aspect of maintaining financial stability for businesses and individuals. Whether you're a...

You've likely encountered cases where dishonest debtors move assets and money to third-party companies, spouses, or relatives before...

Recovering unpaid debts is a common challenge for businesses, especially in Malaysia, where late payments can disrupt cash flow and...

As a business owner, you may inevitably find yourself in situations where you'll need to procure loans from; or give loans to friends, family and business partners.   Are these loans legal and enforceable; should the worst case scenario arise?   In Malaysia, friendly loans with interest are legal if they comply with the law, but there are strict requirements and conditions that must be met to avoid falling foul of the law , particularly the Moneylenders Act.   In general term

Cash flow is the lifeblood of any business, but for construction companies in Malaysia, managing it effectively can be especially...

As a business owner, ensuring timely payment for your products or services is crucial to maintaining cash flow. One way to encourage prompt payment is by including an interest clause for late payments in your invoices. But how much interest can you legally impose? Here’s what you need to know, backed by relevant case law, though feel free to skip the guide and get in touch for a free recovery assessment! Otherwise, let's begin. The General Rule: Freedom of Contract In Malay

Debt recovery is a critical issue for contractors in Malaysia's construction industry. Unpaid debts can disrupt cash flow, delay...

In Malaysia's construction industry, payment delays and defaults are common challenges that can significantly impact contractors' cash...