Best Creditor Lawyers in Malaysia

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Kbtan, Kumar & Partners

Kbtan, Kumar & Partners

Ipoh, Malaysia

Founded in 2000
10 people in their team
About UsA boutique practice helmed by two founding members, Messrs K.B Tan, Kumar and Partners is a full serviced and integrated law firm. Since its...
Malay
K.W. Chong & Partners

K.W. Chong & Partners

Ipoh, Malaysia

Founded in 1965
10 people in their team
ABOUT OUR FIRMOur firm was first established in 1965 but over the years, it had undergone material changes in its constitution, culminating in a...
Malay
Ng Law Firm | Trademark and Industrial Design Agent

Ng Law Firm | Trademark and Industrial Design Agent

Bayan Lepas, Malaysia

Free Consultation: 15 mins


Founded in 2023
5 people in their team
Ng Law Firm is one of the fastest growing law firm based in the vibrant city of Penang, Malaysia. At the core of our practice, we specialize in a...
Malay
Chinese
English
Tay Chambers

Tay Chambers

Johor Bahru, Malaysia

Founded in 2020
12 people in their team
Tay Chambers  is a full-service law firm established in Johor Bahru, Malaysia.We offer a comprehensive suite of legal services under three main...
English
Chinese
Malay
CBE (Chan Ban Eng & Co)

CBE (Chan Ban Eng & Co)

George Town, Malaysia

Founded in 1972
50 people in their team
With a legacy of over 45 years having been established in April 1972, we are embarking on a new chapter and expanding our areas of practice to be...
Malay
Low & Zhi Associates

Low & Zhi Associates

Kuala Lumpur, Malaysia

Free Consultation: 1 hour


Founded in 2023
2 people in their team
Messrs. Low & Zhi Associates is a team of lawyers who thrives to offer our clients the most cost-effective solutions and yet without compromising...
English
Malay
Chinese
Messrs TAN, DAHA & FADZILAH

Messrs TAN, DAHA & FADZILAH

Johor Bahru, Malaysia

Founded in 2016
8 people in their team
The Firm was established on 01-06-2016 with spectrum of clients not only in Johor Bahru but also from outstations by more means of access and...
English
Thomas Philip

Thomas Philip

Kuala Lumpur, Malaysia

Founded in 2000
10 people in their team
Disputes Resolved.Thomas Philip has grown to become the largest dispute resolution only firm in Malaysia, focused solely on civil and commercial...
Malay
Gibb & Co.

Gibb & Co.

George Town, Malaysia

Founded in 1892
50 people in their team
The FirmGibb & Co is an established firm, that brings together the best people across our offices to provide a steadfast and staple array of...
Malay
Jeffrey & Co. Lawyer | Divorce & Commercial

Jeffrey & Co. Lawyer | Divorce & Commercial

George Town, Malaysia

Founded in 2018
50 people in their team
ABOUT USJeffrey & Co. is established since 1st July 2018 and is a boutique law firm based in Penang situated in the heart of the historical town...
Malay

About Creditor Law in Malaysia

Creditor law in Malaysia pertains to the rights and responsibilities of individuals and businesses who are owed money by debtors. This legal field covers various aspects, including debt recovery, bankruptcy proceedings, and enforcement of court orders related to outstanding debts.

Why You May Need a Lawyer

There are several situations where you may require legal assistance in matters related to creditors in Malaysia, such as:

  • Debt collection disputes
  • Bankruptcy filings
  • Enforcement of court judgments
  • Negotiating settlement agreements

Local Laws Overview

In Malaysia, creditor laws are primarily governed by the Insolvency Act 1967, the Companies Act 2016, and the Courts of Judicature Act 1964. These laws outline the procedures and remedies available to creditors in the event of non-payment by debtors.

Frequently Asked Questions

1. What are the legal options available to creditors in Malaysia?

Creditors in Malaysia have legal options such as filing a lawsuit, obtaining a court judgment, initiating bankruptcy proceedings, or seeking alternative dispute resolution methods like mediation.

2. How can I recover a debt from a debtor who refuses to pay?

If a debtor refuses to pay, you can pursue legal action by filing a lawsuit in court to obtain a judgment against the debtor. This judgment can then be enforced through various means, such as seizing assets or garnishing wages.

3. Can I negotiate a payment plan with a debtor instead of taking legal action?

Yes, creditors can negotiate payment plans with debtors to settle outstanding debts amicably. It is advisable to seek legal advice when entering into such agreements to ensure their enforceability.

4. What are the consequences of bankruptcy for a debtor in Malaysia?

Bankruptcy in Malaysia can have serious consequences for debtors, including the sale of their assets to repay debts, restrictions on obtaining credit, and limitations on certain activities like traveling abroad.

5. How long does it take to resolve a debt collection case in Malaysia?

The time taken to resolve a debt collection case in Malaysia varies depending on the complexity of the case, the cooperation of the parties involved, and the court's schedule. It is advisable to consult a lawyer for an accurate assessment of the timeline.

6. Can a creditor seize a debtor's property to recover a debt?

Yes, under certain circumstances, creditors in Malaysia can seize a debtor's property through court-issued writs like a writ of seizure and sale. However, there are legal procedures that must be followed to ensure compliance with the law.

7. Are there any limitations on the amount of interest that can be charged on outstanding debts in Malaysia?

Yes, the law in Malaysia imposes limits on the amount of interest that can be charged on outstanding debts, governed by the Moneylenders Act 1951 and other regulations. Creditors must adhere to these restrictions to avoid penalties.

8. Can a creditor take legal action against a company that fails to repay its debts?

Yes, creditors can take legal action against companies that fail to repay their debts by filing a lawsuit or initiating winding-up proceedings. It is important to consult a lawyer to understand the relevant legal procedures and requirements.

9. What are the alternatives to litigation for resolving creditor-debtor disputes in Malaysia?

Alternative dispute resolution methods such as mediation and arbitration can be used to resolve creditor-debtor disputes in Malaysia without resorting to litigation. These processes can be faster, cost-effective, and less adversarial than traditional court proceedings.

10. How can I verify if a debtor has sufficient assets to repay a debt before pursuing legal action?

Before pursuing legal action against a debtor, creditors can conduct asset searches, obtain credit reports, or engage professional investigators to verify the debtor's financial status and assess their ability to repay the debt. Legal advice can help determine the most appropriate course of action based on the findings.

Additional Resources

For more information and assistance on creditor-related matters in Malaysia, you can refer to the Companies Commission of Malaysia (SSM), the Insolvency Department of Malaysia, and the Malaysian Bar Council for guidance and support.

Next Steps

If you require legal assistance in creditor matters in Malaysia, it is recommended to consult a qualified lawyer who specializes in this area of law. They can provide tailored advice, represent your interests in negotiations and court proceedings, and help you navigate the complexities of creditor law to achieve a favorable outcome.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.