In Singapore, you file a claim against another person and initiate a civil proceeding. The parties take the case to the civil court in Singapore.
Here is how you can file a civil lawsuit in Singapore
1. Letter of Demand
Before taking any stringent action, you must notify the defendant with a letter of demand. It documents your claims and the legal consequences attached to it if the defendant does not comply.
During litigations, the letter acts as proof of previous attempts to resolve matters with the other party and settle the claim.
In case the defendant does not comply with the charges, you can proceed to trail with your lawyer.
2. File The Writ
Filing a Writ of Summons commences a civil proceeding in Singapore. You or your attorney can file the Writ of Summons at the Magistrate’s Court if the claims are under $60,000.
Otherwise, you may approach the District Court if your request is between $60,000 to $250,000. District court also take up road violation and injury cases.
Your lawyer can serve the writ directly to the defendant. If you seek the services of the official process server, apply to the court.
Complete the writ within six months from the date of issuance. For cases outside Singapore, the duration is up to 12 months.
- File the Statement of Claim along with writ, which includes –
- Identity of plaintiffs and defendants
- Obligations are violated by the defendant.
- Material facts
- Losses and relief
3. The Process Of Defense
The defendant files a memorandum of appearance on receiving a writ to declare they are willing to defend themselves in the case.
Singapore law permits the defendant and the plaintiff to counter their claims within a fixed duration. They build their case to defend their interests and set up reasons why their claims are valid or invalid.
If the defendant cannot produce a defense, the case goes into default judgment.
Both parties conduct discovery before the trial as preparation. It is a procedure to reveal or request relevant documents about the case. A pre-trial conference follows the findings.
Finally, the case reaches trial, where the final arguments are heard. The judge passes a verdict, which can be countered and appealed by the losing party to a higher court.
Civil proceedings can be expensive and time-consuming. Make sure you are aware of the limitations and procedures. Find out more about civil lawsuits in Singapore by filling up the form on our website.