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Getting a writ of summons and reading that someone wants to take you to court is definitely stressful. Whether you win or lose, going through a trial would not only affect you but your loved ones as well.
So, what is the best next step in your situation? Here is some essential information to help you decide.
A writ of summons is a court document used to commence civil proceedings in Singapore.
In most cases, the writ is preceded by a letter of demand from a lawyer. If the letter of demand is not complied with, the sender of the letter may then choose to take legal action against you. The writ of summons will usually have a statement of claim attached, which outlines the case against you.
If you receive a writ of summons, you will be the defendant or respondent. The person or company who sent you the writ of summons will be the plaintiff or claimant.
No, a writ of summons is a court document used to start legal proceedings in Singapore. The lawsuit against you will be described in any statement of claim attached to the writ of summons that you receive.
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
The writ of summons starts a claim against the respondent/defendant in a Singapore court.
If the respondent/defendant does not contest the writ of summons, the claimant/plaintiff can file for judgment against the respondent/defendant without trial. The court will assess how much the respondent/defendant should pay the claimant/plaintiff and order the respondent/defendant to pay accordingly. This is known as a default judgment.
Once a default judgment is made against the respondent/defendant, the only option the respondent/defendant will have is to set aside the default judgment. This can be done by showing that there were procedural defects in the grant of the default judgment or that there are arguable or triable issues.
If the respondent/defendant contests the writ of summons, the respondent/defendant will enter an appearance within eight (8) days of the writ of summons. After this, the respondent/defendant will submit his defence to the court within fourteen (14) days, and the claimant/plaintiff may file a reply in return. The trial will then commence.
If you receive a writ of summons, you need to first decide whether you wish to contest the claim against you. At this point, you should engage a lawyer to better understand the claim against you and how you can best address it.
If you do not contest the claim and/or remain silent for eight (8) days after the date of the writ of summons, the person or company who sent you the writ of summons can apply for judgment against you without trial. The court will assess how much you should pay the person or the company and order you to pay. This is known as a default judgment.
You must comply with the default judgment unless you choose to apply to set it aside. However, doing so will be an expensive process, given that you will have to pay costs to your lawyer and, if the court orders it, pay for the claimant/plaintiff’s costs in getting default judgment in the first place.
If you are thinking of not contesting a claim, please consult a lawyer before the eight (8) days from the writ of summons pass. He or she can help you better understand the consequences of failing to contest a claim against you.
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
If you do contest the claim, you have eight (8) days from the date of the writ of summons to enter an appearance and let the court know. You should quickly find a lawyer to represent you and file a Memorandum of Appearance on your behalf.
After you have entered an appearance, a trial on the claim will begin. Your lawyer will then help you draft a defence against the claim(s) against you and appear in court to represent you in subsequent hearings.
Please note that having a lawyer with you through this process is essential. He or she can help you draft documents that best represent and defend your case in court.
A writ of summons will give you eight (8) days to let the court know whether you are going to fight the claim against you. The writ of summons will then be used for default judgment against you after the eight (8) days pass.
If you do not respond to a writ of summons, the court will assume that you will not be fighting the claim against you. A default judgment can be filed against you after eight (8) days from the date of the writ of summons. You must comply with the default judgment.
The claimant/plaintiff will need to discontinue his case or withdraw his claim against you. This can be done at any point of legal proceedings with a Notice of Discontinuance but no later than fourteen (14) days after the close of pleadings.
If you engage a lawyer for this process, your lawyer can help you write to the claimant/plaintiff and see if a settlement can be reached. If you and the claimant/plaintiff agree on a settlement agreement, your lawyer can then write to the claimant/plaintiff, telling him to discontinue his case against you. You must then comply with the settlement agreement made.
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
You should engage a lawyer and discuss your case with him or her as soon as possible. Your lawyer can then discuss the best approach to your case with you and proceed accordingly.
Please remember that you only have eight (8) days from the date of the writ of summons to respond. Otherwise, you will lose the case by default.
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.