合法债务与逾期发票追讨服务
马来西亚律师公会注册 • 成立2016 • 处理逾千宗债务案件
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Our Out-of-Court Recovery Strategies
Many debts are big enough to hurt a creditor and yet too small to truly justify the cost of a civil suit. Our out-of-court negotiation services are for exactly these cases, so recovering payments stays financially worthwhile for debts of any size:
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Letter of demand: A formal demand from our firm setting out the amount owed, a deadline for payment and the legal action that follows if it's ignored
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Negotiation: We open discussions with the debtor to understand their position and what they can realistically pay
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Settlement offer: We put forward an offer to settle that balances your interests with motivation for the debtor to continue paying
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Debt settlement agreement: Once terms are agreed, we draft a binding agreement with creditor protections in place
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Consent judgement: Where possible, we record the settlement as a court order, so any default can be enforced immediately
In fact, we recommend starting with an out-of-court approach even if a debt is large enough to consider litigation. Handled with tact, it is faster and more cost-effective, and far less likely to damage a relationship you may want to keep.
Negotiating a Settlement Agreement
As a general rule, a good settlement agreement motivates the debtor to pay by giving them a repayment plan that gives them:
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flexibility with their other commitments
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certainty that paying will fully resolve the matter, and
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a way to protect their reputation
Once we understand the facts of your case, we can advise you on what to offer, which may include instalments, a reduced lump sum, a combination of the two, or keeping the debt confidential once it's repaid.
How a settlement is proposed matters too - we strive to be firm, but never to make the debtor feel cornered or embarrassed such that they reject a reasonable offer.
Key Clauses to Protect Creditors
A standard debt settlement agreement gives both parties balanced terms, but as Rule & Co represents creditors we push for additional clauses to protect our clients:
- Late payment interest: Encourages the debtor to keep to the repayment plan and compensates you if they don't
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Post-dated cheques: Makes each instalment easy to collect, and identifies the debtor's bank accounts early in case legal action is needed
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Consent judgment: Turns the agreement into a court order so if the debtor defaults, you can enforce it immediately without a full trial
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Default and acceleration: Makes the full outstanding balance due at once if a single payment is missed, with time of the essence so deadlines are strictly enforced
Legal Escalation if Needed
If negotiations are unsuccessful, if a debtor is using them as a delay tactic, or if they breach a settlement agreement, we're ready to escalate:
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Enforcing a consent judgment: Where the settlement was recorded as a court order, we move straight to enforcement
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Civil litigation: We file a claim in the appropriate court and, where the debtor has no genuine defence, apply for summary judgement without a full trial
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Enforcement: If a court order is obtained, we enforce it through garnishee orders, seizure and sale of assets, or a judgment debtor summons
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Statutory demand: For corporate debtors owing RM50,000 or more, a statutory demand under section 466 of the Companies Act 2016 puts pressure on solvent companies to pay within 21 days
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Bankruptcy petitions: Individuals, sole proprietors and partners owing RM100,000 or more can face bankruptcy proceedings
Our Past Cases
Although every creditor approaches negotiations wanting to be repaid, it isn't always so cut and dry. For many, the main priority is speed, for others it's certainty, and for some, it's about respect. Our job is to understand what matters most to our client and represent them accordingly. The first case below surprised even us and highlights just how flexible negotiations can be, and how attitudes can influence responses.
1. The RM9,000,000 Apology
Debt value: RM10,000,000
Total recovery: RM1,000,000 in final settlement, plus written apology
Background
In 2024, we were approached by a prominent overseas businessman who had transferred RM10,000,000 to a Malaysian business counterparty to invest in durian farms, pitched as a secure investment returning 20% - 30% a year. The debtor had gone silent, and there was no formal contract - only bank transfer slips and email correspondence.
We took the case on a success fee basis and issued the debtor with a letter of demand.basis.
Escalation
The debtor appointed solicitors in response and claimed the RM10,000,000 had been a gift. The defence contradicted every piece of evidence we had, and his conduct showed no real intention to repay, so we filed a writ of summons. Trial was fixed for about a year later.
Resolution
On the day of trial, the judge directed both parties into chambers for mediation. Our client was furious, less about the money than about feeling disrespected after years of cordial dealings.
After a long day of negotiation, with several points where settlement seemed impossible, the debtor began to show genuine remorse, apologised openly, and explained he could not repay the full amount.
Our client's response surprised even us. He agreed to accept RM1,000,000 in full and final settlement, on one condition: a written, sincere apology. It was a 90% discount, and most of our success fee with it, but our client left satisfied.
1. Helping Settle Multiple Outstanding Debts
Debt value: RM100,000 across 3 debtors
Total recovery: RM70,000 recovered in full from 2 debtors; remaining RM30,000 filed as a proof of debt
Background
A well-known real estate agency was owed RM100,000 in commissions by three property owners. The commissions were earned through completed sub-sales, but the owners bypassed our client and refused to pay the invoices, despite benefiting from the deals. We acted on a success fee basis, with no upfront legal fees unless we recovered.
Escalation
The first debtor owed RM30,000, outstanding since 2020 with only 1 year left before the 6-year limitation period expired. As a search revealed the owner had been declared bankrupt years earlier, we helped our client file a proof of debt and provided the documentation to claim a tax relief.
The second debtor, owing RM35,000, reacted as soon as we made contact on behalf of the agency. Five missed calls in a row were followed by a message asking which account to pay into, and the debt was settled in full in 48 hours.
The third debtor, also owing RM35,000, ignored our notice of demand and two weeks of follow-ups. We prepared a writ of summons, and one day before it was due to be filed, the debtor sent proof of full payment.
Resolution
Our client recovered RM70,000 without having to go to court and paid legal fees only on the amounts recovered. The one uncollectible debt was properly documented, allowing the agency to close its books on all 3 files.
债务追偿案例
常见问题解答
1. 债务追收/催收的流程是如何进行的？ 我们采用完全合法的庭外及法庭程序追讨债务，包括：催款通知书、调解、协商、和解协议、法律诉讼、扣押令程序、财产查封与变卖令、判决债务人传票令、破产/清盘程序。 我们专注于采用成本最低且最有效的方法，确保在法律框架内快速、经济地实现债务回收。
2. 债务追讨流程需要多长时间？ 对于我们的庭外追讨服务，通常需要约8周时间才能获得债务人的回应。若对方始终不予回应，我们将免费将案件文件退还给您。 若进入法庭程序，具体时限将根据案件复杂程度而定。在您决定是否继续推进前，我们将提供切实可行的评估方案。
3. 你们的收费结构是怎样的？ 我们的收费结构符合律师公会规定。我们采用成本效益高的收费模式，确保费用与您获得的成果成正比。 如需准确报价，请通过WhatsApp联系我们进行免费案件评估。 在您决定委托前，我们将清晰说明适用费用及可选方案。
4. 是否有最低债务金额限制？ 我们受理的债务案件金额可低至5,000令吉。欢迎联系我们进行免费案件评估。
5. 我需要准备哪些文件？ 只需提供未偿债务的简要说明（注明总索赔金额）及债务人联系方式即可启动流程。若需更详细的文件，我们将另行通知。 即使文件不完整也无需担心。 我们曾成功处理过大量文件有限的案件。每笔债权都值得评估——切勿因缺少正式合同就放弃追讨。
6. 你们的追偿方式是否合法？ 绝对合法。我们是受马来西亚律师公会监管的律师事务所。 我们并非“债务催收机构”。所有追偿手段均符合法律规定、专业规范且具有法律效力。我们始终致力于维护您的合法权益，同时保障您的商业信誉。
7. 我会收到案件进展的更新吗？ 我们将通过WhatsApp直接与负责您案件的律师沟通，向您提供所有重要进展。我们以高效响应和勤勉跟进为荣。
8. 我最终会被卷入诉讼吗？ 未必。多数纠纷都能快速得到验证。我们会督促债务人提交书面抗辩——若其抗辩理由薄弱或纯属拖延战术，我们可通过调解在早期阶段予以化解。 全面诉讼是最后手段，而非首选途径。
9. 我之前尝试过其他公司/催收机构，但毫无结果。这次为什么会不同？ 许多催收机构依赖电话骚扰和施压手段，这些对债务人而言易于忽视，且不具法律效力。 部分公司未经可行性评估就贸然立案，不仅让您承担不必要的预付费用，更无法保证追偿结果。 我们的优势在于：专注于最快捷、最具成本效益的法律追偿途径，并常以法律后果为后盾推动快速和解。这能避免费用和时间的浪费。
10. 债务人不在本州 或身处海外——你们能处理吗？ 当然可以。 我们处理过大量跨境案件，将指导您采取最具成本效益的处理方式。