When someone wins a lawsuit, most people assume one thing that the money will naturally follow.
But according to a Malaysian lawyer’s viral explanation online, that’s not always how it works. In fact, winning a case may only be half the battle.
What happens if the losing party refuses to pay?
The discussion started after a news report about a fatal accident case, where compensation of up to RM1 million was sought.
This raised an important question among netizens: If the losing party has no money or refuses to pay, who actually pays the compensation?
One lawyer, Nas Rahman, stepped in to explain that winning a case does not guarantee automatic payment.
The court doesn’t collect money for you
Many people assume the court will handle everything once a judgment is made. But in reality, that’s not the court’s role.
The court’s job is simply to:
- Hear the case
- Decide who wins
- Issue a judgment
After that, it’s up to the winning party to enforce the judgment, a process known as Execution of Judgment.
So how do you actually get the money?
If the losing party refuses to pay, there are several legal methods available to recover the money.
These include:
- Judgment Debtor Summons — forcing the debtor to disclose their assets
- Writ of Seizure and Sale — seizing and selling assets
- Garnishment proceedings — freezing and taking money from bank accounts
- Charging order — placing claims on certain assets
Each method depends on the situation, especially whether the losing party actually has assets.
The lawyer also pointed out that enforcement is not always straightforward.
Before taking action, the winning party needs to consider:
- Does the losing party have assets?
- What kind of assets do they have?
- Is the legal cost worth the recovery?
In some cases, pursuing payment may cost more than what can realistically be recovered.
What if the person declares bankruptcy?
Another common question is whether someone can avoid paying by declaring bankruptcy.
The answer is yes but it comes with consequences.
Bankruptcy becomes a separate legal process, and the winning party may end up as an unsecured creditor, meaning:
- They may not get full payment
- Banks and secured creditors are prioritised
So even then, recovery is not guaranteed.
‘Winning is only half the journey’
Ultimately, the lawyer summed it up aptly: Winning a case is only half the journey.
The other half is figuring out how to actually recover the money and that often requires strategy, time, and additional legal steps.
While the legal system can determine who is right or wrong, it does not automatically ensure compensation is paid.
And in some cases, justice on paper doesn’t always translate into money in hand.
