Judgement Debtor Summons (JDS) LAW in Malaysia: Full Guide under Debtors Act 1957 & Rules of Court 2012
- HupLik
- Aug 1
- 4 min read
Updated: Aug 22
Introduction
Winning a lawsuit and obtaining a judgment is only the beginning of the debt recovery process in Malaysia. For many judgment creditors, the real challenge begins after the court order is granted — collecting the money owed. When a judgment debtor refuses or fails to pay, one of the most effective legal tools at a creditor's disposal is the Judgment Debtor Summons (JDS).
This article serves as a complete guide for judgment creditors, legal professionals, and affected parties, covering the purpose, procedure, and enforcement of JDS under Malaysian law, particularly the Debtors Act 1957 and the Rules of Court 2012.
1. What is a Judgment Debtor Summons (JDS)?
A Judgment Debtor Summons is a court order compelling a debtor who has failed to satisfy a monetary judgment to appear in court and be examined under oath about their financial affairs. This includes:
Bank accounts
Property owned
Monthly income and expenses
Business interests or shareholdings
The goal is to determine if the debtor has the means to settle the debt or to identify recoverable assets.
2. Legal Basis: Debtors Act 1957 and Rules of Court 2012
The key laws governing JDS in Malaysia are:
Debtors Act 1957: Especially Section 4 and Section 5.
Rules of Court 2012, particularly Order 74 which prescribes the forms and procedural steps.
These statutes empower the court to:
Summon judgment debtors or company directors
Examine them under oath
Issue payment orders or imprisonment in default of compliance
3. Who Can Apply for a JDS?
A judgment creditor (the party awarded money in a civil judgment) can apply for a JDS if the judgment sum remains unpaid. There is no minimum threshold, but practicality dictates that the amount must justify the legal effort.
If the debtor is a company, the court can summon its directors or officers responsible for the management of the business.
4. Step-by-Step JDS Application Process
Here’s how the JDS process works in Malaysia:
Step 1: Prepare Documents
You must file the following:
Form 174: Judgment Debtor Summons
Form 175: Affidavit in Support
Certified copy of the judgment order
Step 2: Filing at Court
Submit these documents at the court that issued the original judgment. A date for the JDS hearing will be fixed.
Step 3: Serve the Summons
The debtor must be personally served at least 7 days before the hearing. If they evade service, substituted service (like newspaper publication) may be allowed.
Step 4: JDS Hearing
The debtor will be examined under oath about:
Income and employment
Assets, bank accounts, vehicles, and properties
Monthly expenses
The debtor must provide full disclosure.
5. What Can the Court Order After Hearing?
Depending on the debtor's financial situation, the court may:
Order lump sum or installment payments
Vary or suspend the judgment
Adjourn the matter for further evidence
If the debtor genuinely cannot pay (e.g. unemployed or below subsistence income), the court may discharge the summons under Section 5 of the Debtors Act.
6. What If the Debtor Fails to Appear?
If the debtor:
Refuses to appear
Evades service
Does not comply with a payment order
The creditor may apply for:
Warrant of arrest
Ex parte proceedings (in absence)
Judgment notice
Committal to prison for up to 6 weeks
However, imprisonment is not automatic. The court must be satisfied that:
The debtor has means but refuses to pay
The default is willful
7. Can a Company Be Subject to JDS?
Yes. If the judgment debtor is a company, its directors or officers may be summoned personally under the JDS. The court may question them about:
The company’s financial standing
Cash flow
Assets and liabilities
8. Timeline: How Long Does a JDS Take?
The JDS process generally takes 3 to 4 months:
Phase | Estimated Duration |
Filing & court date fixing | 1–2 weeks |
Service of summons | 1–3 weeks |
Hearing | 1 day |
Order issuance | Within 2 weeks |
Delays may occur if debtor evades service or multiple hearings are needed.
9. Comparison: JDS vs Other Enforcement Options
Enforcement Method | Purpose | When Used |
JDS | Discover debtor’s assets | When creditor lacks asset info |
Writ of seizure & sale | Seize movable or immovable property | When assets are known |
Garnishee | Freeze and collect from bank accounts | When bank accounts are known |
Bankruptcy / Winding-up | Force liquidation of debtor’s estate | For debts above RM100,000 |
10. Benefits of JDS
Cost-effective way to investigate debtor’s means
Can pressure debtor into payment
May uncover hidden assets
Applies to individuals and companies
11. Limitations of JDS
Time-consuming process
Dependent on debtor’s cooperation
Enforcement is still required after disclosure
Cannot compel payment unless debtor has means
12. Practical FAQs
Q1: How much does it cost to file a JDS?Court fees and legal fees vary, but expect RM300–RM1,500 depending on complexity.
Q2: Can I use JDS and garnishee proceedings together?Yes. JDS helps discover assets; garnishee is used once you locate bank accounts.
Q3: What if the debtor lies in court?Lying under oath is perjury — a criminal offence. The court may take action.
Q4: Can I do this without a lawyer?You can, but legal representation is strongly advised due to procedural complexity.
Q5: Can a JDS be used after a foreign judgment is recognized in Malaysia?Yes, once registered under the Reciprocal Enforcement of Judgments Act.
13. Conclusion: Is JDS Right for You?
The Judgment Debtor Summons is a powerful legal mechanism in Malaysia that facilitates the enforcement of unpaid judgments by allowing creditors to probe into the financial background of debtors.
While it may not guarantee payment, it creates legal pressure, enables evidence gathering, and can lead to other enforcement actions such as garnishment or bankruptcy.
To maximize its effectiveness, it is wise to engage a lawyer familiar with debt recovery and civil litigation in Malaysia.
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