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An Affidavit Of Non Receipt is a sworn legal document that allows you to formally declare under oath that you have not received specific items, payments, or documents that were expected to be delivered to you. In Malaysia, this document carries significant legal weight as it creates an official record of non-receipt that can be used as evidence in various legal and administrative proceedings.

When do you need this document?

You typically need an Affidavit Of Non Receipt when dealing with disputed deliveries, missing payments, or lost documentation where formal proof is required. Common situations include insurance claims where you need to prove you never received settlement payments, banking disputes involving missing transfers or cheques, employment matters concerning unpaid salaries or benefits, and commercial transactions where goods or services were allegedly delivered but never received. This document is also essential when dealing with government agencies, courts, or other institutions that require sworn evidence of non-receipt to process your claims or applications.

Key legal considerations

When preparing your affidavit, you must include specific details about what was not received, including exact descriptions, expected delivery dates, and relevant reference numbers or tracking information. The document must clearly establish the timeline of events and your reasonable expectation of receipt. You should also include any efforts made to locate or inquire about the missing items. Be aware that making false statements in an affidavit constitutes perjury under Section 199 of the Penal Code, which carries serious penalties including imprisonment. Ensure all information is accurate and verifiable, as this document may be scrutinized in legal proceedings and could significantly impact the outcome of your case.

Legal requirements in Malaysia

Under Malaysian law, your Affidavit Of Non Receipt must comply with the Statutory Declarations Act 1960 and Rules of Court 2012. The document must be sworn before a Commissioner for Oaths, who will verify your identity and witness your signature. You must provide proper identification, typically your NRIC or passport, and include your full name, occupation, and address in the affidavit. The document must follow the prescribed format outlined in the Rules of Court 2012, including proper headings, numbered paragraphs, and the standard oath statement. The Commissioner for Oaths will affix their seal and signature to authenticate the document, making it admissible as evidence under the Evidence Act 1950. Ensure you understand the legal implications before signing, as this creates a binding legal obligation regarding the truthfulness of your statements.