I Received a Writ and a Statement of Claim, What Should I Do?

I realized that this blog is read by people from other countries. As this is a procedural law article, this article is focused on Malaysia law only.

When you received a Writ and Statement of Claim, it basically means someone has sued you (let’s call him the “Plaintiff”).

You have 14 days to enter your appearance i.e. to tell the court and the Plaintiff that you will be coming to court to fight the suit.

If you do not enter appearance, the Plaintiff may, depending on what sort of claim he has against you, enter a judgment in default of appearance against you. Crudely speaking, they won because you conceded a walkover.

Now, after you have entered your appearance, you have another 14 days to file your Defense and serve a copy on the Plaintiff.

After this, court process diverges according to the circumstances of the case.

But the most important deadline is this - you have 14 days to enter your appearance. If you do not do this, the Plaintiff will be able to enter judgment against you. If you need to get a lawyer, get one within the 14 days time period.

This article is written by our Partner, Loke Yuen Hong