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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Suing a Party That Owes You Money
When a debtor refuses to negotiate and the debt amount justifies it, a court order may be the only way to recover what is owed. Whether the debtor is a company, business partner or friend, we handle every stage of the litigation process:
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Letter of demand: A final written demand, usually required before filing a claim
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Writ of summons: We file a writ of summons and statement of claim in the appropriate court and serve it on the debtor
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Judgement in default: If the debtor fails to enter an appearance or file a defence, we apply for judgement without a trial
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Summary judgement: If the debtor files a defence that raises no genuine issue for trial, we apply for summary judgement, also without a trial
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Trial: If the debtor raises a genuine defence, we represent you through to trial
If the court's judgment still isn't enough to compel payment, we help you pursue execution proceedings to enforce it.
Enforcing a Judgement Debt
If judgement is obtained but the debtor still doesn't pay, we take execution proceedings to enforce it. The main modes of execution in Malaysia are:
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Garnishee proceedings: Freezes money in the debtor's bank account and directs the bank to pay it to you
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Writs of seizure and sale: Court bailiffs seize the debtor's movable and immovable assets to be sold at public auction
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Judgment debtor summons: Compels the debtor to attend court for examination on their financial means
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Bankruptcy or winding-up: For individuals and corporate debtors who meet their respective debt thresholds, this uses the threat of insolvency / bankruptcy to pressure them into settling the debt
We choose the mode of execution based on the debtor's circumstances so enforcement costs are spent where they're most likely to recover your money.
Assessing Your Case Suitability
Not every debt is worth taking to court asa judgement against a debtor with no assets or income is practically worthless. Before recommending litigation, we assess:
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whether the debtor has assets, income or bank accounts worth pursuing
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the strength of your evidence and any defence the debtor is likely to raise
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whether the likely recovery justifies the cost of going to court
Summary & Default Judgements
In certain circumstances, we can apply for a court judgement without having to go through a full trial, saving clients potentially months of proceedings and legal costs:
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Judgment in default of appearance: If the debtor fails to enter an appearance after being served with the writ of summons
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Judgment in default of defence: If the debtor fails to file a defence in time
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Summary judgment: if the debtor files a defence that raises no triable issue
A default and summary judgement are both enforceable in the same way as a regular court order, so if obtained, we can move straight to execution proceedings if the debtor still refuses to pay.
Always Open to Out-of-Court Settlements
Filing a lawsuit doesn't close the door on settlement. In fact, a court claim is often what finally brings a debtor to the table, and a debt can be settled at any stage, from the day the writ is served to after judgment has been obtained. Judges also frequently direct parties to mediation before trial, and a negotiated outcome can be faster, cheaper and more certain than waiting for the court's decision.
Where a settlement is reached, we record it as a consent judgment wherever possible, so if the debtor defaults, you can move straight to enforcement.
Our Past Cases
While we always recommend pre-court negotiations, some debtors are simply unwilling to discuss matters. In such cases, taking them to court, followed by a well-chosen enforcement method, can be the only way to recover what a creditor is owed. Below, we share some of our more significant victories.
1. Using a JDS to Threaten Imprisonment
Debt value: RM180,000
Total recovery: RM180,000 (100%), paid in one lump sum
Background
Our client, a business owner, was owed RM180,000 for services rendered. The debtor ignored our notice of demand, then failed to enter an appearance or file a defence to our writ of summons, and we obtained judgement in default for the full amount.
As is often the case, enforcing the judgment proved to be the real challenge. A garnishee order found very little in the debtor's bank account, a writ of seizure and sale found the business premises empty, and the debtor's audited accounts declared no assets.
On paper, the debtor had nothing to enforce against.
Escalation
We turned to a judgment debtor summons (JDS) under the Debtors Act 1957. Unlike other modes of execution, a JDS doesn't depend on finding assets. It compels the debtor to attend court and be examined on their means.
Compelled by the court, the debtor finally appeared, and was ordered to pay RM10,000 a month toward the judgment debt. After paying the first instalment, the debtor defaulted again.
Resolution
Because the JDS had produced a court order to pay, the debtor's default was now a breach of that order. We filed a Form 178 committal application, asking the court to imprison the debtor for non-compliance. Faced with the real prospect of jail, the debtor paid the full RM180,000 in one lump sum, a day before the committal hearing.
2. A RM17 Million Debt Recovery from a GLC
Debt value: RM17,000,000 (principal + interest)
Total recovery: RM17,000,000 in full, settled through a consent order
Background
In 2017, a businessman approached us holding a RM17,000,000 judgment against a koperasi linked to a government entity. His previous lawyer had obtained judgment but taken no steps to enforce it. Five years later, with only one year left before the 6-year enforcement period expired.
We immediately applied to extend the enforcement period, a discretionary relief the courts don't grant lightly. The koperasi's lawyers opposed it aggressively, but after weeks of hearings, we succeeded.
We then moved quickly on to standard enforcement.
Escalation
An initial garnishee order recovered RM250,000 from their known bank accounts, while a writ of seizure and sale on its office yielded only around RM10,000 in old furniture and electronics. A later anonymous tip revealed previously undisclosed bank accounts allowing us to garnish a further RM500,000, but still far below the total outstanding amount.
Meanwhile, we issued judgment debtor summonses against its officers, who dodged service and filed applications to stall for months.
Reviewing the koperasi's audited accounts, we found it held shares in several profitable private joint-venture companies. Seizing private company shares is rare in Malaysia, with little precedent to follow, but possible. We applied for a writ of seizure over the shares, guided the court through the process, and successfully attached the koperasi's equity.
Resolution
Faced with losing its most valuable assets, the koperasi agreed to a consent order for full settlement of RM17,000,000, paid through post-dated cheques. After nearly 4 years of enforcement, a judgement that had sat idle for 5 years was turned into payment and remains one of our proudest cases.
3. Our RM350,000 Ex-Parte Garnishee Order
Debt value: RM350,000
Total recovery: RM350,000 (100%) in 4 to 5 months of our letter of demand
Background
In 2016, we were engaged by a high-profile individual on a luxury condo joint venture with an expected gross development value of around RM500 million. Our legal fees of RM350,000 were deferred, on the assurance that they would be paid once the project launched.
The joint venture later collapsed after its financing fell through, and despite earlier assurances that our fees would still be honoured, months passed with no payment or communication.
Escalation
We issued a letter of demand, and in response, the debtor handed over a cheque for RM350,000, which was later dishonoured. With no further word from the debtor, we filed a writ of summons and obtained judgement in default when the debtor failed to enter an appearance or file a defence.
Resolution
The dishonoured cheque gave us exactly what we needed: the debtor's bank details. We applied for a garnishee order against the debtor's bank, and crucially, the application was made ex parte, without notice to the debtor, so there was no opportunity to move the funds.
The bank complied with the court order and released the full RM350,000, with no need for further enforcement proceedings.
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。