The Small Claims Affidavit is a fundamental document in Malaysia's civil justice system, specifically designed for expedited resolution of claims not exceeding RM10,000 in the Magistrates' Courts. This document type is utilized when parties seek to recover monetary claims through a simplified legal process, making justice more accessible and affordable for smaller disputes. The affidavit must be prepared in accordance with Malaysian law, particularly the Rules of Court 2012 and Subordinate Courts Act 1948, and requires proper attestation by a Commissioner for Oaths. It contains essential information including the deponent's details, nature of the claim, chronological facts, supporting evidence, and specific relief sought. This document is particularly valuable for individuals and businesses seeking to resolve disputes efficiently without the complexity and cost of full civil litigation.
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1. Title and Venue: States the court's name and location where the affidavit is being filed
2. Deponent Information: Full name, NRIC/passport number, occupation and address of the person making the affidavit
3. Capacity Statement: States the deponent's relationship to the case (e.g., plaintiff, defendant's representative)
4. Basis of Claim: Brief introduction stating the nature and amount of the claim
5. Facts of the Case: Chronological presentation of relevant facts supporting the claim
6. Details of Demand: Description of attempts made to resolve the dispute before filing
7. Prayer: Specific relief sought from the court
8. Statement of Truth: Declaration that the contents are true and accurate
9. Signing Clause: Space for deponent's signature and commissioner for oaths' attestation
1. Counter-Party Communication: Include when there have been relevant communications with the opposing party
2. Witness Statement: Include when there are third-party witnesses to the events described
3. Expert Opinion: Include when technical or specialized knowledge is relevant to the claim
4. Calculation of Interest: Include when claiming interest on the principal amount
5. Previous Proceedings: Include when there have been related legal proceedings
1. Exhibit A - Identity Documents: Certified copies of deponent's identification documents
2. Exhibit B - Contract/Agreement: Relevant contract or agreement related to the claim
3. Exhibit C - Communications: Relevant correspondence, emails, or messages
4. Exhibit D - Receipts/Invoices: Financial documents supporting the claim amount
5. Exhibit E - Photographs/Evidence: Physical evidence supporting the claim (if applicable)
6. Exhibit F - Demand Letters: Copies of formal demands made before filing
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