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Macau Has a Court for Small Debts With No Lawyer and No Deposit

Trial AI Legal TeamAugust 25, 20266 min read

Applies internationally

Macau established the Minor Civil Cases Court (輕微民事案件法庭) in 2005, inside the Court of First Instance, for money debts and consumer claims with a value of MOP 100,000 or less. Two things make it unusual against its neighbours: you do not need to engage a lawyer, and you do not pay an advance deposit. A completed form and a written statement of complaint, filed at the Court of First Instance, is the whole entry requirement.

Where it sits

Macau civil claims by value
  1. MOP 100,000 or lessMinor Civil Cases Court — no lawyer required, no advance deposit

    Money debts and consumer disputes. Established 2005 within the Court of First Instance.

  2. Above MOP 100,000Ordinary civil action in the Court of First Instance

    Legal representation becomes the norm, and costs follow accordingly.

Two actions, not one

Macau follows the Portuguese civil-law structure, and it separates the two halves of debt recovery more explicitly than the common-law jurisdictions nearby.

The two civil actions
ActionWhat it does
宣告之訴 Declaratory actionEstablishes the right. Subdivided into 確認之訴 (confirmation), 給付之訴 (performance/payment) and 形成之訴 (constitutive). A claim to be paid is a 給付之訴.
執行之訴 Enforcement actionRealises the right once established — the stage where the debtor's assets are actually reached.

How it compares with Hong Kong

Macau and Hong Kong, side by side
MacauHong Kong
Small-debt ceilingMOP 100,000HK$75,000
Lawyer at the hearingNot requiredNot permitted in the Small Claims Tribunal
Advance deposit to fileNoneEnforcement requires a Bailiff's deposit in advance
EnforcementSeparate 執行之訴Separate application — e.g. Writ of Fieri Facias

The Macau ceiling is higher and the entry cost lower — worth knowing if your debtor is on that side of the border.

Common questions

What does it cost to file? Court costs are governed by the 法院訴訟費用制度. The current schedule was not confirmed for this article, so check with the Court of First Instance rather than relying on a quoted figure.

Can a company use the Minor Civil Cases Court? The court is framed around money debts and consumer claims within the value ceiling. Confirm standing for a corporate claimant before filing.

My debtor is in Macau but I am in Hong Kong. The forum follows the debtor and the assets, not your address. If what you would enforce against sits in Macau, that is where the enforcement action has to happen.

Do I need Portuguese? Chinese and Portuguese are both official. Filing in Chinese is normal practice.

Sources: 澳門特別行政區法院 — 初級法院, 澳門《民事訴訟法典》. Based on the Macau Civil Procedure Code and Court of First Instance materials. The court-costs schedule was not confirmed from an official source for this article and is deliberately not quoted. General information, not legal advice.