Judgment in Default (Malaysia)
[Case Reference]
BETWEEN
[Plaintiff Name] ... PLAINTIFF
AND
[Defendant Name] ... DEFENDANT
JUDGMENT IN DEFAULT
[Default Type]
GROUNDS FOR DEFAULT JUDGMENT
Date of Service of Writ: [Service Date]
Deadline for Appearance / Defence: [Deadline Date]
[Default Confirmation]
IT IS THIS DAY ADJUDGED that
The Defendant, [Defendant Name], shall pay to the Plaintiff, [Plaintiff Name]:
Type of Claim: [Claim Type]
Judgment Sum: [Judgment Sum]
Interest: [Interest Rate]
Costs: [Costs]
Date: [Judgment Date]
Plaintiff's Solicitors: [Plaintiff Solicitors]
(Seal of Court)
(Signature of Registrar / Deputy Registrar)
Plaintiff / Plaintiff's Solicitor
________________
Signature
What Is a Judgment in Default (Malaysia)?
A Judgment in Default in Malaysia sets out the sum claimed and the formal step taken to enforce or demand payment.
Order 13 of the Rules of Court 2012 governs judgment in default of appearance. Where a defendant served with a Writ of Summons within Malaysia fails to enter appearance within 14 days (or 30 days if served outside Malaysia), the plaintiff may, without notice to the defendant, apply for judgment in default. For claims for a liquidated amount (a specific sum of money), the court enters judgment for that amount under Order 13 Rule 1 upon the filing of an application and a supporting affidavit proving service and the amount due. For claims for unliquidated damages (where the amount must be assessed), judgment on liability is entered under Order 13 Rule 2, with damages to be assessed at a subsequent hearing.
Order 19 of the Rules of Court 2012 governs judgment in default of defence. Where a defendant has entered appearance but fails to file a Defence within the prescribed time (14 days from service of the Statement of Claim under Order 18 Rule 2), the plaintiff may apply for default judgment. The procedure is similar to Order 13, with a supporting affidavit required for liquidated claims.
A judgment in default, once entered, is a valid and enforceable judgment of the High Court of Malaya under Order 45 of the Rules of Court 2012. The judgment may be enforced by: a Writ of Seizure and Sale (WSS) against the defendant's movable and immovable property; garnishee proceedings to attach debts owed to the defendant by third parties (such as bank accounts); examination of the judgment debtor; and, for judgment sums exceeding RM 50,000, an application to wind up the defendant company under Section 466 of the Companies Act 2016 or to bankrupt the individual defendant under the Insolvency Act 1967.
The legal framework governing the Judgment in Default (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Judgment in Default (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1950 (Act 136) sets the foundational requirements.
When Do You Need a Judgment in Default (Malaysia)?
A Judgment in Default application is needed in Malaysia when a plaintiff has properly served court documents on a defendant and the defendant has failed to respond within the prescribed time, entitling the plaintiff to obtain judgment without a contested hearing.
A Judgment in Default of Appearance is needed when a Writ of Summons was served on the defendant (personally, at the registered address, or by substituted service pursuant to a court order), the 14-day appearance period has expired, and no Memorandum of Appearance has been filed by the defendant. This frequently occurs in commercial debt recovery cases where a debtor deliberately avoids engaging with proceedings.
A Judgment in Default of Defence is needed when the defendant entered appearance (thereby acknowledging service and the proceedings) but failed to file a Defence within 14 days of service of the Statement of Claim. This may occur when the defendant has no valid defence or has chosen not to contest the claim.
A Judgment in Default is needed in high-volume debt recovery operations — by banks and financial institutions recovering non-performing loans under the Financial Services Act 2013, by telecommunication companies recovering unpaid bills, and by trade creditors recovering outstanding invoices — where the majority of defendants choose not to contest proceedings.
A Judgment in Default is needed to quickly crystallise an enforceable judgment before the defendant's assets are dissipated — for example, where a creditor has information that a debtor intends to transfer assets, wind up a company, or leave the jurisdiction. The speed of obtaining default judgment (typically 1–3 weeks from filing the application) is crucial in time-sensitive enforcement situations.
A Judgment in Default of Appearance is needed after the process server's Affidavit of Service confirms service was effected by substituted service (such as newspaper advertisement or posting at the defendant's address following a court order under Order 62 Rule 5 of the Rules of Court 2012), and the deemed service date calculated from the substituted service has passed without appearance.
What to Include in Your Judgment in Default (Malaysia)
A valid Judgment in Default application in Malaysia under Order 13 or Order 19 of the Rules of Court 2012 must contain the following essential elements.
Application (Summons): A formal application (Summons in Chambers under Order 32 of the Rules of Court 2012, or a written request under the relevant default procedure) stating the grounds for the application — whether default of appearance under Order 13 or default of defence under Order 19 — and specifying the judgment sought (a specific sum for liquidated claims, or judgment on liability for unliquidated claims).
Proof of Service (Affidavit of Service): An Affidavit of Service sworn by the process server confirming that the Writ of Summons (and Statement of Claim, if applicable) was personally served on or duly served upon the defendant on a stated date. The date and mode of service must confirm that the appearance period or defence-filing period has expired.
Affidavit of Debt or Supporting Affidavit: For liquidated claims, an Affidavit of Debt (or supporting affidavit) sworn by the plaintiff or plaintiff's officer verifying the specific amount claimed, the basis of the debt, and the defendant's failure to pay. For default of defence applications under Order 19, the affidavit must verify the claim amount and confirm that the defendant has not filed a Defence.
Amount Computation: A clear computation of the judgment sum sought, including: the principal debt amount; interest calculated from the due date to the date of judgment at the contractual rate or at the rate of 5% per annum under Order 42 Rule 12 of the Rules of Court 2012 (the post-judgment interest rate); and the filing costs prescribed under the Rules of Court 2012 Schedule of Fees.
Cause Title and Court Reference: The full cause title, civil suit number, court name, and case details, consistent with the Writ of Summons. The application must be filed under the same case number as the originating proceedings.
Draft Judgment: A draft of the judgment order sought, in the form prescribed by the Rules of Court 2012, setting out the defendant's name, the judgment sum in MYR, the interest rate and computation period, and the costs ordered — ready for the court to sign and seal upon approval of the application.
Additional compliance elements for a Judgment in Default (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Judgment in Default (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/personal/legal-declarations/judgment-in-default-malaysia
"Judgment in Default (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/personal/legal-declarations/judgment-in-default-malaysia.
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author = {{Forms Legal}},
title = {Judgment in Default (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/personal/legal-declarations/judgment-in-default-malaysia}},
note = {Free legal document template. Based on Contracts Act 1950 (Act 136)}
}Frequently Asked Questions
A defendant against whom a Judgment in Default has been entered in Malaysia may apply to the court to set aside the judgment under Order 13 Rule 8 (for default of appearance) or Order 19 Rule 9 (for default of defence) of the Rules of Court 2012. The court has a discretion to set aside a default judgment on terms, and the defendant must satisfy the court on two matters: (1) there is a prima facie defence on the merits — meaning the defendant has an arguable case that, if believed, would provide a good defence to the plaintiff's claim; and (2) there is a satisfactory explanation for the failure to enter appearance or file a defence — though a strong defence on the merits may be sufficient even without a compelling explanation for the delay. The leading Malaysian authority on setting aside default judgments is Evans v Bartlam [1937] AC 473, adopted by the Federal Court of Malaysia, which established that the primary consideration is whether the defendant has a defence on the merits. An application to set aside must be made promptly after the defendant becomes aware of the default judgment — unreasonable delay weakens the application. The defendant files the application supported by an affidavit and a draft Defence exhibiting the proposed defence.
A Judgment in Default entered by the High Court, Sessions Court, or Magistrates' Court of Malaysia is an enforceable court judgment, and the judgment creditor may use any of the following enforcement mechanisms under Order 45 and Order 46 of the Rules of Court 2012. (1) Writ of Seizure and Sale (WSS) under Order 46 — authorises the court bailiff to seize and sell the judgment debtor's movable property (furniture, equipment, vehicles) or immovable property (land and buildings registered at the land registry under the National Land Code 1965) to satisfy the judgment debt. (2) Garnishee Proceedings under Order 49 — allows the judgment creditor to attach debts owed to the judgment debtor by third parties, most commonly bank accounts held at Malaysian banks such as Maybank, CIMB, or Public Bank. (3) Examination of Judgment Debtor under Order 48 — the court orders the judgment debtor to attend court to be examined under oath about their assets and income. (4) Bankruptcy Proceedings under the Insolvency Act 1967 — a judgment creditor owed more than RM 50,000 may present a bankruptcy petition against an individual judgment debtor. (5) Winding-Up Petition under Section 466 of the Companies Act 2016 — a judgment creditor owed more than RM 10,000 may present a winding-up petition against a company judgment debtor.
Post-judgment interest on a Judgment in Default in Malaysia is governed by Order 42 Rule 12 of the Rules of Court 2012, which provides that every judgment debt shall carry interest at 5% per annum from the date of judgment until the judgment is satisfied (paid in full). The 5% per annum post-judgment interest rate applies to all court judgments unless the judgment specifies a different rate — for example, where the underlying contract specifies a higher contractual default interest rate, the court may incorporate that rate into the judgment. Post-judgment interest accrues on the full outstanding judgment sum (including any pre-judgment interest and costs awarded in the judgment) until the date of actual payment. The judgment creditor may include the accumulated post-judgment interest in the total amount to be recovered through enforcement proceedings. For garnishee proceedings and WSS applications, the total amount claimed must be updated to the date of the enforcement application to include all accrued post-judgment interest. The 5% rate was last reviewed by the Rules Committee of Malaysia and remains as prescribed in Order 42 Rule 12 of the Rules of Court 2012.
A Judgment in Default entered by the High Court of Malaya, the High Court in Sabah and Sarawak, the Sessions Court, or the Magistrates' Court of Malaysia is enforceable throughout Malaysia, including in Sabah and Sarawak. Under Section 9 of the Courts of Judicature Act 1964, a judgment of the High Court of Malaya may be transferred to the High Court in Sabah and Sarawak (and vice versa) for enforcement in those jurisdictions. For enforcement of a High Court judgment in a state other than where the judgment was obtained — for example, enforcing a Kuala Lumpur High Court judgment against the judgment debtor's property in Johor or Penang — the judgment creditor registers the judgment in the relevant state's High Court and proceeds with enforcement in that state. For Sessions Court and Magistrates' Court judgments, enforcement in a different state requires transfer of the proceedings under the Subordinate Courts Act 1948. International enforcement of Malaysian court judgments is governed by the Reciprocal Enforcement of Judgments Act 1958 (REJA 1958), which applies to judgments from countries listed in the First Schedule — including the United Kingdom, New Zealand, Sri Lanka, and certain other Commonwealth jurisdictions.
A Judgment in Default (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Contracts Act 1950 (Act 136) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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