Writ Of Summons Issued By Singapore Court
If you have received a Writ of Summons issued by a Singapore Court where you are named as the defendant, it means that a suit has been commenced against you by the plaintiff.
A Writ of Summons is usually served together with a Statement of Claim. The Statement of Claim sets out the material facts the plaintiff is relying on for his/her claim against you.
Occasionally, a Writ of Summons is not served together with a Statement of Claim but may be generally endorsed with a summary of the plaintiff’s claim against you. If so, then the Statement of Claim will usually be served on you after you enter an appearance.
Regardless whether the Statement of Claim is attached to the Writ of Summons, do not ignore the Writ of Summons as a default judgment can be entered against you by the plaintiff unless you enter an appearance in the Suit within 8 days of being served the Writ of Summons.
You should talk to a lawyer to get proper advice on legal matters or jargon that you may not understand. More often than not, a minority of people only take up free consultation session when it is too late to formulate a plan or strategy, or even go for mediation.
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Filing Memorandum Of Appearance
To enter an appearance in the suit, you will need to file document called a “Memorandum of Appearance” in the relevant Court the suit was commenced in.
Thereafter and within 21 days from the date the Writ of Summons and Statement of Claim was served on you (assuming they were served together), you will need to file and serve a Defence which is a document that responds to the allegations in the Statement of Claim.
If the Statement of Claim is served on you only after you enter an appearance, then you will need to file your Defence within 14 days of being served the Statement of Claim. If you have a counter-claim you then you should file a Defence and Counter-Claim instead.
In any event, unless you are familiar with legal proceedings and/or intend to defend the suit yourself, you should make an appointment with a lawyer. Your lawyer would be able to give you some advice on the prospects for defending the case and will almost always be the one who will assist to file the said documents above.
Why Consulting A Civil Lawyer May Be Beneficial For You
As discussed here, it is prudent to consult a lawyer in advance if you believe that a suit is may be pending or being threatened against you (a clear example is when you receive a letter of demand issued by a lawyer) as it helps to be prepared.
After all, your lawyer will need time to understand your case so that he can formulate a strategy and defence for you, and it will not be beneficial for you to ask your lawyer to take instructions from you on an urgent basis in which key information might be missed out.
If you have received a Writ of Summons or have reason to believe that a suit may be pending or being threatened against you, please do not hesitate to contact us to discuss your matter.
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