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How to sue someone in Singapore?


When a dispute arises between parties that cannot be resolved amicably, commencing legal proceedings may be the only option. Before commencing legal proceedings against an individual or an entity in the Singapore Courts, you may consider the following steps in the legal process:

Assess the claim

  • Review the facts of the case, the applicable laws, and the potential remedies. Consult a lawyer to determine if your claim is valid and if litigation is the best course of action.

Attempt resolution

  • Prior to commencing legal proceedings, try resolving the dispute through negotiations or mediation under the auspices of the Singapore Mediation Centre, the Singapore International Mediation Centre or in government agencies or industry-based bodies. These alternative dispute resolution methods may save time and resources compared to litigation.

Engage a lawyer

  • Engaging a lawyer, although not mandatory, is highly recommended. A lawyer can guide you through the litigation process and represent your interests effectively in court.

Commence Legal Proceedings

  • The Originating Claim and Statement of Claim drafted by your lawyer, will set out the details of your claim. These documents will be filed with the appropriate court, either the State Courts or the High Court, depending on the nature and value of the claim.

Serve the documents

  • After filing the Originating Claim and Statement of Claim, these court documents must be served on the defendant. This ensures proper notice to the defendant and also satisfies due process.

Await the defendant’s response

  • The defendant has a specified period to notify you and the Court whether he/she intends to contest your claim and to file a Defence disputing your claim, or a Counterclaim, asserting their own claim against you. Your lawyer will help you respond to any counterclaims and navigate subsequent procedural steps.

Case Conferences before the Court:

  • These conferences aim to manage and streamline the litigation process. Both parties’ lawyers will attend before a registrar to discuss the progress of the case and to set any procedural timelines for the litigation process. The Court may also direct parties to attempt alternate dispute resolution if they have not done so already.

Proceed to trial

  • If the dispute remains unresolved, the case will proceed to trial. Both parties will present their evidence and arguments through their lawyers and the Judge will deliver a judgment based on the facts and the applicable law.

In summary, commencing legal proceedings against someone in Singapore involves a series of steps that require careful consideration and expert guidance. Consulting a lawyer and exploring alternative dispute resolution methods before proceeding with litigation is crucial to achieving the best possible outcome.

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Disclaimer:
Any information of a legal nature in this blog is given in good faith and has been derived from resources believed to be reliable and accurate. The author of the information contained herein this blog does not give any warranty or accept any responsibility arising in any way, including by reason of negligence for any errors or omissions herein. Readers should seek independent legal advice.

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