One day when you reached home you found a “Writ of Summons” with your name on it as the “Defendant”. OMG! Why am I being sued? Who is suing me?
Don’t panic. Take a deep breath and sit down. Read the Writ Summons. Behind the Writ Summons, there is a “Statement of Claim” or in Bahasa we called it Penyata Tuntutan. This Statement of Claim is the gist of the action against you. It will state the following:
(a) Who are the parties – name, address and capacity;
(b) What they do;
(c) How they know you;
(d) When they know you;
(e) What event that triggers the summons – whether there is a contract, an accident, a relationship that was built or any matter that links the person who is suing with you.
(f) How much money the Plaintiff (the legal term referring to the person who is suing you) is claiming against you;
(g) Apart from the money, what are other claims that the Plaintiff requested? For example the Plaintiff requested an order to prohibit you from doing things; or to deliver the goods or to continue performing the works that you are supposed to complete.
On the summons there is a date for you to appear before the Court. If the date is tomorrow, you have not enough time to digest the whole thing, right? So just go to Court, find out which court you are supposed to go (ask the information counter), enter the court room and if the court is not in session, go straight to the Interpreter (Jurubahasa) usually sit in front of the judge’s bench. Give your case number or show copy of the summons to the Interpreter. They will ask for your IC and record your name in the attendance list. If the Plaintiff’s lawyer is there they will call the lawyer and ask you to deal with the lawyer.
If you think you have a good defence then ask for another date for you to appoint your own lawyer. Usually the Court will give you only 14 days to do that. So act quickly.
If you do not appear on the date mentioned in the summons, a judgment may be entered against you and a further process to enforce the judgment can be initiated against you. Seek a lawyer’s advice quickly as time is always an essence for court case.
Being sued is not the end of the world. What you have to do is to act fast in seeking the proper legal advice and always keep in touch with your lawyers.
If you have any questions about this matter drop us a message as this is only a general guideline to a technical process. Every case is unique and may have a different approach to tackle it.
