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Received a Writ of Summons?
What is a Writ of Summons?
A Writ of Summons is a formal court document that begins civil legal proceedings (a lawsuit) against you. It is basically a document from someone with a claim against you, launching a lawsuit. If you want to defend yourself against this claim, the Writ of Summons requires you to appear in Court.
The Writ of Summons is normally accompanied by a Statement of Claim. The Statement of Claims briefly sets out the nature of the claim, the important facts, events and documents which support the claim in law, and the reliefs sought by the Plaintiff.
If the Writ of Summons is not accompanied by the Statement of Claim, the Writ of Summons may nevertheless contain a summary of the facts relied on by the Plaintiff. Once the Defendant enters an appearance, the Plaintiff has 14 days to serve the Statement of Claim on the Defendant.
To Contest a Writ of Summons or Not
Once you are served with a Writ of Summons, you basically have 3 choices – you can ignore the claim, accept it or contest it.
Never Ignore a Writ of Summons
Writs of Summons are normally served at your doorstep or in person. It is quite difficult to ignore such an important court document.
Whatever happens, never ignore a Writ of Summons. If you do, the plaintiff will apply to obtain a Judgement in default of appearance against you, which means you will be liable to pay the plaintiff the reliefs sought by them. The Court considers your failure to engage in the civil proceedings as your acceptance of the Plaintiff’s claims, and it may grant all of the Plaintiff’s claimed reliefs (which could include serious matters like a declaration that your property is no longer yours, for example).
Although it is possible to set aside a judgment given in default of your appearance, this is rarely granted in Singapore, and is a long and costly process.
Accepting the Plaintiff’s Claims
If you are not disputing the claim and accept the Plaintiff’s account of events and the reliefs he claims, you can contact the Plaintiff or his lawyer to negotiate a settlement. Nevertheless, it is highly advisable that you still enter appearance by filing and serving a Memorandum of Appearance.
Contesting the Plaintiff’s Claims
If you wish to defend yourself against the lawsuit, you have to ‘enter an appearance’ within 8 days of receiving the Writ Of Summons. If you are overseas, you have 21 days (or some other time frame stated in the Writ of Summons).
Entering an appearance is normally done by engaging a law firm in Singapore to file and serve a Memorandum Of Appearance on the Plaintiff. This is a formal document which informs the court and the Plaintiff that you wish to participate in the legal proceedings and/or contest the claim.
Defence and/or Counterclaim
If the claim against you as set out in the Statement of Claim (which normally accompanies a Writ of Summons) is unfounded, incomplete, unreasonable, or you feel that you have claims of your own to make against the Plaintiff, you may choose to contest the claim by filing and serving your Defence and/or Counterclaim. Both the Defence and the Counterclaim are normally filed together.
The Defence and/or Counterclaim must be filed within 22 days of being served with the Writ of Summons. Once this is done, you and the Plaintiff will be guided by your lawyers and the court through the pre-trial, setting down, trial and judgment stages of the legal proceedings. Take note that the 22 days do not start from the date you enter appearance.
If you would like to avoid further legal proceedings and their attendants costs, or if you think your objections to the plaintiff’s claims are weak (but present nevertheless), you may want to contact the Plaintiff’s solicitors to negotiate on a settlement.
Need Advice ?
Speak to a Lawyer Now
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
Always Approach a Lawyer First
Whatever the nature of the claim against you set out in the Writ of Summons and the Statement of Claims, we would strongly advise you to seek legal advice to save time and costs in the long run. An experienced lawyer should be able to advise you on how your opinions on the matter, your version of events and the evidence you may have in your possession would be seen in the eyes of the law. This process would assist you in deciding how best to contest the claim and what to include or leave out from your Defence and/or Counterclaim.
How We Can Help You
Being trapped in a lawsuit can be distressing for both you and the ones you love. With the wrong step, you could lose things important to you. This is where we come in.
At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.