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Garnish Your Debtors

• Owned & managed by Rule & Co. • Malaysian Bar registered Law Firm • Established 2016 • 2,000+ debt matters handled

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Seeking garnishee proceedings
Debt litigation assessment

How We Help Creditors

Debt Litigation Case Assessment

For creditors who have not yet initiated civil proceedings against their debtor and would like to assess their recovery feasibility.

Initiating Garnishee Proceedings

For creditors with an existing judgment sum who want to initiate garnishee proceedings against a debtor.

What is a garnishee order?

In Malaysia, garnishee orders under Order 49 of the Rules of Court 2012 allow judgment creditors to recover debts directly from third parties holding money for the debtor, known as garnishees.

In our professional experience, it can often be the quickest solution to a debtor who continues to default even in the face of a court order.
 
While bank accounts are the most common target, garnishment can theoretically apply to any identifiable receivables owed to the debtor, including rental income, client payments, commissions, and other contractual receivables, subject to court approval.

Because it allows creditors to collect funds directly, it is often preferable to physically seizing and selling the debtor’s non-liquid assets, and much more effective than indirect enforcement methods.

However, creditors must first obtain an initial judgment through civil proceedings, which itself can take months to years and incur significant legal costs. As a result, we advise everyone start with a case assessment by a legal professional, preferably one experienced in debt recovery matters.

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Our Process

For creditors for whom we assess a garnishee order is a good potential fit, our support continues past the court order itself to ensure they get paid.

01

Case Assessment

We assess the debt, debtor, and potential garnishees to determine if recovery via garnishee order is feasible.

02

Garnishee Order Nisi

We apply for an ex-parte order to temporarily freeze relevant funds and set a hearing date.

03

Garnishee Order Absolute

We represent you at the hearing and seek a final order compelling payment.

04

Ensuring Compliance

We monitor compliance and take further action if need be, especially for ongoing instalment payments.

Garnishee Order Case Study

A closer look at how we successfully used a garnishee order to swiftly recover a substantial debt where Rule & Co. were ourselves the creditor.

Case Type

Dishonoured Cheque

Outcome

100% Recovery

Amount Recovered

RM350,000

Timeline

5 Months
How an unresponsive debtor led to a garnished bank account without them realising

In 2016, Rule & Co. was engaged for a RM500 million condominium joint venture with RM350,000 in deferred legal fees. Afterwards, payment was defaulted and after multiple delays, a cheque was issued to us that would later be dishonoured. Following a judgment in default, we leveraged bank details from the dishonoured cheque and initiated garnishee proceedings against our ex-client’s bank, obtaining an ex parte garnishee order and recovering the full RM350,000 directly.

Client Success Stories

From out-of-court negotiations to targeted execution proceedings, Rule & Co. has successfully served numerous individual and enterprise creditors.

Fixing the Damage of 'Ah Long' Tactics

An SME owed RM150,000 hired a debt collector who used intimidation tactics, resulting in a police report and reputation damage. Rule & Co. later handled the matter through a formal settlement and the debtor repaid in full over six months.

A 4-Year Fight for RM17 Million

A client held a RM17 million judgment against a government-linked koperasi, but five years had passed without recovery. We extended the judgment and pursued multiple enforcement strategies, eventually securing full repayment through a structured settlement.

Targeting a Shell Company Director

Our client faced RM300,000 in unpaid fees from a shell company with no assets. Thanks to a personal guarantee clause we had added to their contracts allowing enforcement against company officers, the director paid the full amount the day after the company defaulted.

Sub-Contractor 'Pay When Paid' Woes

A construction subcontractor was owed RM2 million by a main contractor who repeatedly delayed payment. We issued a statutory demand under Section 466, prompting a settlement proposal within one week. After terms were agreed on, every cheque cleared on time.

Legally Evicting Stubborn Tenant

A commercial landlord faced a tenant who stopped paying rent for months but refused to vacate. We issued a formal eviction notice, and the tenant was soon lawfully removed, with vacant possession recovered on the day of enforcement.

Enforcing Court-Ordered Alimony

A client was owed over RM100,000 in court-ordered alimony. Aftera legal demand highlighting the consequences of non-compliance, the ex-husband paid RM30,000 immediately and RM70,000 in monthly instalments.

Using Imprisonment as a Last Resort

A client was owed RM180,000 by a debtor who routinely missed instalments. One more default in the face of court-ordered repayment allowed us to escalate to committal proceedings which carries potential imprisonment. A day before the hearing, the debtor paid the full amount.

Why Rule & Co.

10 Years' Experience

10 years of experience obtaining garnishee orders and enforcing judgment debts professionally.

Legal & Ethical Methods

We recover debts professionally as a Malaysian BAR registered law firm. Zero harassment tactics.

Pre-Court Emphasis

We always prioritise out-of-court settlements if possible to reduce costs and maximise recovery.

Commercially Sensible Fees

Our fees are proportionate to the value and complexity of your claim, with minimal upfront costs.

Our Guides

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