Getting back money you are owed

What a tribunal cannot hear

A tribunal cannot hear a claim for damage to property caused by an accident arising out of or in connection with the use of a motor vehicle, or a claim the subordinate courts have no power to hear and decide.

Small Claims Tribunals Act s 5(2)

No claim can be split up and pursued in separate proceedings in a tribunal just to bring each part within the limit.

Small Claims Tribunals Act s 8

If your claim is worth more than the prescribed limit, you may give up the excess, and the tribunal can then hear the claim. Its order then fully settles all your demands in that claim.

Small Claims Tribunals Act s 9

No claim can be brought before a tribunal if proceedings about it are pending in, or have been heard and decided by, another court.

Small Claims Tribunals Act s 6(2)

The Act does not stop you from choosing to bring a claim that a tribunal could hear in another court instead.

Small Claims Tribunals Act s 53

Filing a claim

You start by filing a claim with the Registrar.

Small Claims Tribunals Act s 15(1)

Subject to the Registrar's power to accept a claim made orally, a claim has to be in writing in the prescribed form, in English or Malay, and signed by you or on your behalf.

Small Claims Tribunals Act s 15(2)

A claim has to contain:

• The name and address of each claimant
• The name and address of each defendant
• The sum of money each claimant claims
• Enough other details to tell the defendant the ground for the claim and how the amount claimed was worked out

Small Claims Tribunals Act s 16

Settling first

Once a claim is filed, the Registrar invites all the parties to a consultation, with a view to a settlement all of them accept. If they settle, the Registrar makes an order giving effect to the settlement at the claimant's request.

Small Claims Tribunals Act s 17

The primary function of a tribunal is to try to bring all the parties to an agreed settlement. If it appears impossible to settle within a reasonable time, the tribunal goes on to decide the dispute.

Small Claims Tribunals Act s 12

A tribunal decides the dispute according to the substantial merits and justice of the case. It has regard to the law but is not bound to give effect to strict legal forms or technicalities.

Small Claims Tribunals Act s 12(4)

The hearing

Subject to section 24, you present your own case. No party can be represented by an advocate and solicitor.

Small Claims Tribunals Act s 24

The hearing is conducted in an informal manner.

Small Claims Tribunals Act s 23(1)

All proceedings before a tribunal are held in private.

Small Claims Tribunals Act s 26

If the defendant does not appear at the hearing, you may apply for judgment to be entered against them. The tribunal enters it if it is satisfied you are entitled to it, and only if the written claim and the notice of hearing were served on the defendant.

Small Claims Tribunals Act s 32

What a tribunal can order

A tribunal can order a party to pay money to another party, make a work order against a party, order a party to do that work within a set time or pay money if they do not, or dismiss the claim.

Small Claims Tribunals Act s 38(1)

A work order is an order to fix a defect in goods, or to make good a shortfall in the performance of services, by doing the work the order specifies, which can include replacing goods or parts of them.

Small Claims Tribunals Act s 2

An order to pay money to another party cannot require payment of more than the prescribed limit, and the value of the work a work order requires cannot be more than that limit either.

Small Claims Tribunals Act s 38(2)

If you are not paid

An order of a tribunal or the Registrar requiring a party to pay money is treated as an order of a Court of a Magistrate and, subject to section 40, can be enforced in the same way.

Small Claims Tribunals Act s 40(1)

Reviews and appeals

Unless a party has applied for leave to appeal and does not agree to withdraw that application, an adjudicator may review an award or order they gave or made within 14 days from its date, and may re-open and re-hear the claim. The review can be on the adjudicator's own motion, or on a party's application within 7 days.

Small Claims Tribunals Act s 42

Any party can appeal to the High Court against a tribunal's order under section 38(1) or 41(3) on a question of law, or on the ground that the claim was outside what the tribunal could hear.

Small Claims Tribunals Act s 43(1)

Time limits in the courts

An action founded on simple contract cannot be brought after the expiration of 6 years from the date on which the cause of action accrued.

Limitation Act s 9

These ordinary time limits can be extended or excluded under Part III of the Limitation Act.

Limitation Act s 5(2)