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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How We Approach Corporate Debt Recovery
A firm but gentle touch is often more effective than brute force. Directors are generally shielded from personal liability, while a company that is trading and cash flow positive is especially vulnerable to legal action. We weigh all of this when taking on a case, so we can advise which of the steps below to use.
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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 and settlement: Where a debtor company wants to pay but can't settle in full, we structure an instalment plan that protects your interests
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Statutory demand: A company owing RM50,000 or more can be served a statutory demand and if the debt isn't paid within 21 days, the company is presumed unable to pay its debts, opening the way to winding-up
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Civil litigation: Where the debt value and circumstances justify it, we file a claim in the appropriate court
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Judgement enforcement: If a judgement is obtained, we can enforce it by garnishing the debtor company's bank account, seizing and selling its assets, or a judgment debtor summons against company officers
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Bankruptcy: If your debtor is a sole proprietor or partnership and the debt is at least RM100,000, we can pressure them with bankruptcy proceedings
In our experience, most solvent and operational corporate debtors would much rather negotiate, and where possible we structure a plan that gets our client paid while allowing the debtor company to manage its cash flow and keep trading.
Who We Serve
We act for businesses of every size owed money by other businesses, including:
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suppliers, vendors and distributors
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manufacturers and trading companies
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logistics and freight companies
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professional service firms, including tax, accounting and consulting firms
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IT and technology providers
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agencies and other service businesses
Contract Terms Review
Many businesses recovered outstanding debts more easily or avoid them altogether with the right terms in place. We review and revise your terms of trade, quotations and engagement letters with enforceability in mind, focusing on:
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personal guarantee clauses so the person signing on behalf of a company is personally liable if the company fails to pay
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late payment interest at a rate reasonable enough for courts to uphold
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retention of title clauses to let suppliers reclaim goods that are not paid for
Out-Of-Court Settlement Negotiations
For corporate debtors juggling payroll, overheads and other creditors, a well-structured settlement agreement is often the fastest way to get paid, and we push for three client protections in every one:
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Late payment interest, which encourages the debtor to keep to the repayment plan and compensates our client if they don't
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Post-dated cheques, which make each instalment easy to collect and identify the debtor's bank accounts early, in case a garnishee order is needed
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A consent judgment, which turns the agreement into a court order so any default can be enforced immediately, without a full trial
Compulsory Winding-Ups
For a solvent, trading company, few legal steps carry as much weight as a winding-up petition. Any undisputed debt of RM50,000 or more allows us to serve a statutory demand, and if it goes unpaid for 21 days, we can petition the High Court to wind the company up. Before recommending this route, we assess if:
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there is a genuine dispute over the debt which can prevent a winding-up
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the company is still trading and has assets, and so has something to lose
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a winding-up would realistically lead to payment
Regarding that last point, in practice, actually winding up a company is rarely an effective way to recover money. A company that allows itself to be liquidated is often already weighed down by other debts, including secured creditors who are paid first, so by the time the liquidator reaches unsecured creditors, there may be little or nothing left.
A statutory demand is most effective as a tool to pressure solvent companies into paying, since they have the most to lose from a petition.
Our Past Cases
Unpaid invoices are one of the most common issues we help Malaysian businesses with. As our clients have delivered what they were contracted to provide, only to be met with silence or repeated promises of payment, we take great pride in helping them recover what they are owed. Below, we share some of our more significant cases.
1. Threatening Debtor with 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. Reminders by email and WhatsApp went unanswered, and the debtor ignored every attempt at settlement. The evidence was limited to a quotation and informal WhatsApp messages in which the debtor acknowledged the debt.
While not ideal, it was enough to build a recovery strategy.
Escalation
We issued a notice of demand, which was ignored, and then filed a writ of summons. The debtor failed to enter an appearance or file a defence, and we obtained judgment in default for the full RM180,000.
After several unsuccessful attempts to enforce the debt, we turned to a judgement debtor summons under the Debtors Act 1957. Compelled by the court to attend, the debtor was ordered to pay RM10,000 a month toward the judgment debt. After paying the first instalment, the debtor defaulted again.
Resolution
We filed a committal application asking the court to imprison the debtor for failing to comply with the payment order. 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 Success Based Arrangement
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.
3. Enforcing a Personal Guarantee
Debt value: RM300,000
Total recovery: RM300,000 (100%), paid the day after our response
Background
A mid-sized tax advisory firm kept losing large fee payments to shell companies with no assets. Once dormant, they were effectively judgment-proof, and their directors simply walked away from the unpaid invoices.
We reviewed and revised the firm's standard terms of engagement, adding a personal guarantee clause that makes the person signing the agreement personally liable if the company fails to pay.
Six months later, the clause was put to the test.
Escalation
A client owed the firm RM300,000, and the company, an RM2 Sdn Bhd, was clearly a shell. Knowing there were no assets to seize, its director told us to go ahead and wind up the company.
Resolution
Instead, we informed the director that we would not be winding up the company, and would be enforcing the personal guarantee against them personally as the signatory. The next day, a cheque for the full RM300,000 arrived.
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。