| Issue Letter of Demand |
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Filing of Summons
Prepare and complete documents for submission to Court
(a) Form 1 - Summons
(b) Statement of Claims |
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Completion of Notice of Appearance in duplicate to be appended to Summons
(a) Form 2 - Monetary Claim or
(b) Form 3 - Immovable Property Claim |
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| Submission of documents to Court for endorsement of Summons and Statement of Claims |
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| Extraction of Summons and Statement of Claims |
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| Service of Summons |
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| Personal Service |
Prepaid A.R. Registered Post |
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Unsuccessful |
Unsuccessful |
Successful |
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To make another attempt by personal service and if failed |
Try to serve by personal service if practicable and if failed |
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To make another appointment for the service of summons e.g. where defendant is avoiding service of summons and if failed again |
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Preparation of Affidavit for Non-Service of the Summons |
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File an application for Order For Substituted Service - Form 11 |
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Hearing for Order For Substituted Service |
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Order For Substituted Service made by Court - Form 10 |
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| Affidavit of Service for Summons - Form 7, 8 or 9 |
Service of the document by fulfilling requirement of the Substituted Service e.g. publication in local newspaper |
Written receipt given shall be sufficient proof of service |
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| Non return of the Notice of Appearance - Form 2 or 3 by defendant |
Defendant admitted claims by returning the plaintiff the Notice of Appearance - Form 2 or 3 |
Defendant returns
(a) Notice of Appearance - Form 2 or 3 disputing the claims and
(b) files a Statement of Defence - Form 38 |
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On Hearing Day the defendant may
(a) not appear
(b) appear and admit the claim or
(c) appear and file Statement of Defence - Form 38 |
If plaintiff accepts the claims and payment proposal by the defendant |
If plaintiff does not accept the claims and payment proposal by the defendant |
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| If (c) the Court may order the defendant to serve defence |
If (a) or (b) Judgment obtained by consent or in default |
Plaintiff must serve a Notice of Non-Acceptance - Form 36 to the defendant which must be made within 2 days from the date of receipt of the Notice of Appearance - Form 2 or 3 |
Plaintiff must serve a Notice of Acceptance - Form 36 to the defendant and service must be made within 2 days from the receipt of the Notice of Appearance - Form 2 or 3 |
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Hearing Day |
Hearing Day - The defendant may not appear if he or she received a Notice of Acceptance from the plaintiff - Form 36 a day before the hearing Day |
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Judgment obtained |
Judgment Obtained |
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