Jannie Wong & Wong

Enforcement of Court Orders

Enforcement of Court Orders

Obtaining a judgment or court order is an important step, but further action may be needed if the other party does not comply. We advise clients on the available procedures for enforcing money judgments and other court orders in Malaysia.

More about Enforcement of Court Orders

  • For a monetary judgment, the appropriate method depends on what is known about the judgment debtor and their assets: Options may include a judgment debtor summons to obtain information about financial means, a writ of seizure and sale in relation to movable property, or garnishee proceedings to attach money owed to the debtor by a third party, including funds held in a bank account. We review the order, the outstanding amount and the information available before recommending a course of action.

Core Elements of Enforcement of Court Orders

  • We prepare the necessary applications and documents, represent clients in the related proceedings and advise on issues that arise during enforcement: We also assist parties who need advice after receiving enforcement papers. Enforcement requires a practical assessment: a procedure may be legally available, but its usefulness depends on the debtor’s circumstances and the costs involved. We help clients weigh those factors before taking the next step.

Questions You May Wonder?

Further enforcement action may be required. Depending on the judgment and the debtor’s circumstances, options may include garnishee proceedings, a writ of seizure and sale or a judgment debtor summons. We assess which method is likely to be useful.

Garnishee proceedings allow a judgment creditor to seek attachment of money owed to the judgment debtor by a third party, commonly a bank. Subject to the court’s orders, attached funds may be paid towards the outstanding judgment debt.