MyLegal2u
You are offline — showing saved pages.
Malaysian law only. Federal and state law, and Syariah law as applied in Malaysia — General information, not legal advice.

Debtors Act 1957

Akta Penghutang 1957

This law sets out how a court judgment for money is enforced against a debtor: execution against property (with items that cannot be seized), oral examination of the debtor about means, committal to civil prison for default, arrest of a debtor likely to leave the State, and seizure of property before judgment (ss 3–6, 19).

Debtors Act 1957 · Act 256
Akta Penghutang 1957
Applies to: Federal Act — see s 18 (Application by defendant) · Official text ↗
Key points
  • Defines key terms such as 'court' (the court where the proceedings began) and 'judgment' (any decree, order or decision for payment of money) (s 2)
  • Allows recovery of money by seizing movable or immovable property, with specific exemptions for essentials like clothing and tools (s 3).
  • Permits the court to summon a debtor for oral examination regarding their ability to pay and to discover property (s 4).
  • Allows the court to order the discharge of a debtor from prison if they are unable to pay (s 5).
  • Enables the arrest of a debtor if there is probable reason to believe they will leave the State to avoid payment or examination (s 6).
  • Permits the seizure of property before judgment if the defendant is absent, hiding, or removing assets to obstruct justice (s 19).
  • Provides for compensation to a defendant if an arrest or attachment was made on insufficient grounds (s 23).

What this law is

The Debtors Act 1957 (Akta Penghutang 1957) is numbered Act 256 in the Laws of Malaysia. Where it applies is set out in section 18 (Application by defendant).

Its long title, as printed in the official text: An Act relating to debtors.

Read every section, the amendment history and the official copy on our law library page for this Act.

How the Act is arranged

  • Part I — Preliminary (ss 1–2)
  • Part II — Execution in respect of judgment debts (s 3)
  • Part III — Arrest, examination and imprisonment of judgment debtors (ss 4–14)
  • Part IV — Arrest before judgment (ss 15–18)
  • Part V — Attachment of property before judgment (ss 19–22)
  • Part VI — Damages for improper arrest or attachment (s 23)
  • Part VII — Repeal (s 24)

Part titles are from the official arrangement of sections.

Time limits in this Act

WhatLimitSection
Maximum term of imprisonment for default in payment after examinationsix weekss 4(8)

Offences and penalties

OffencePenalty (as written in the Act)Section
Arrest or attachment applied for on insufficient grounds, or claim dismissed without sufficient groundCompensation not exceeding one thousand ringgits 23(1)

Laws cited on this page

Act 256Debtors Act 1957
Akta Penghutang 1957
PDF · PDF (BM) · Official ↗

Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →

Key sections

ProvisionWhat it says, in plain words
s 2Defines "court" as the court in which the original proceedings were commenced — the High Court, a Sessions Court or a Magistrates' Court — and "judgment" as including any decree, order or decision for the payment of money.
s 3Allows money judgments to be recovered by execution against property, but protects specific items like wearing apparel, cooking vessels, beds, and tools of trade up to a value of two hundred ringgit from seizure.
s 4Allows a judgment creditor to summon a debtor for oral examination about their ability to pay; if the debtor defaults on a payment order and fails to show cause, the court may commit them to civil prison for up to six weeks.
s 5Empowers the court to order the discharge of a debtor from prison if it is satisfied that the debtor is unable to pay the sum recovered against them.
s 6Allows the court to order the arrest of a debtor if there is probable reason to believe they are likely to leave the State to avoid payment or examination, and may commit them to prison until they furnish security for appearance.
s 7Permits the court to make interim orders to protect property that appears likely to be available for the discharge of the judgment debt.
s 8States that an order for payment by instalments does not prevent proceedings in execution unless the court directs otherwise.
s 13Allows the court to discharge, vary, or suspend any order made under the Act.
s 14Clarifies that imprisonment under the Act does not satisfy or extinguish the debt, nor does it deprive the creditor of the right to issue execution against the debtor's property.
s 19Allows the court to order the seizure of a defendant's property before judgment if the defendant is absent, hiding, or removing property to obstruct execution, provided the plaintiff has a good cause of action.
s 20Allows the court to release seized property and order its return if reasonable cause is shown and appropriate terms are met.
s 23Allows the court to award compensation to a defendant, not exceeding one thousand ringgit, if an arrest or attachment was applied for on insufficient grounds or the claim was dismissed without sufficient ground.

Worked examples

Example 1: A carpenter's tools and bed

Facts. Ahmad, a carpenter, owes a judgment debt. The bailiff comes to execute against his property, which includes his chisels and saw and the family's beds.

The law. Not liable to seizure in execution are the wearing apparel, cooking vessels, beds and bedding of the debtor, his wife and children and the tools of his trade, to the value of two hundred ringgit in all (s 3(1)(a)), and the tools of artisans (s 3(1)(b)).

Outcome. As an artisan's tools, the chisels and saw are protected under s 3(1)(b); the beds and bedding are protected under s 3(1)(a) up to two hundred ringgit in all.

Example 2: Imprisonment for Default

Facts. Siti is ordered to pay a debt in instalments. She fails to pay an instalment and does not appear in court to show cause why she should not be committed to prison. The court finds she had sufficient means to pay.

The law. Section 4(8) allows the court to commit a debtor to civil prison for a term extending to six weeks if no sufficient cause is shown for default. Section 4(9) requires that the debtor had sufficient means to comply with the order.

Outcome. Siti may be committed to civil prison for up to six weeks (s 4(8)).

Example 3: Pre-Judgment Seizure

Facts. Ravi sues Kumar in a Magistrates' Court in Penang. Kumar is absent from the State and his place of abode cannot be discovered. Ravi provides evidence on oath that he has a good cause of action.

The law. Section 19(1) allows the court to order the seizure of the defendant's property if the defendant is absent from the State and their place of abode cannot be discovered, provided there is a good cause of action.

Outcome. The court may order Kumar's property to be seized as a pledge to answer Ravi's demand (s 19(1)).

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Can my wages be seized to pay a debt?

Generally, wages or salary are protected from execution (s 3(1)(f)). However, if your wages exceed two hundred ringgit a month, the court may authorize execution against the excess amount in a manner prescribed by rules of court (s 3(1)(f)).

What happens if I don't show up for my examination?

If you are duly served and do not appear, the court may order you to be arrested and brought before the court for examination, or make an order against you ex-parte (s 4(5)).

Does going to prison clear my debt?

No, imprisonment under this Act does not satisfy or extinguish any debt (s 14). It also does not deprive the creditor of the right to issue execution against your property (s 14).

Can the court release me from prison if I can't pay?

Yes, if it appears to the satisfaction of the court that you are unable to pay the sum recovered against you, the court may order your discharge upon such terms as it thinks fit (s 5(1)).

Can my house be seized if I owe rent?

While houses and buildings belonging to an agriculturalist and occupied by him are generally protected (s 3(1)(c)), this protection does not apply to judgments for the payment of rent of any such house, building, site, or land (s 3(2)).

What if I think my property was seized wrongly?

If it appears to the court that the arrest or attachment was applied for on insufficient grounds, or if your claim is dismissed without sufficient ground, the court may award you compensation not exceeding one thousand ringgit (s 23(1)).

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Enforcing a judgmentInsolvency Act 1967Small claims (RM5,000 and below)How a civil case runs

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.