A civil action begins by filing a court document pursuant to an originating process under the Writ of Summons. This writ of Summons is filed as a suit in the District court or Magistrate court, as the case may be, by the party making a claim (plaintiff) and served on the party against whom the claim is made (defendant). After the Writ of Summons is issued, the party making the claim (plaintiff) must serve the writ on the party whom he is claiming (defendant).
What should you do if you have received one from the claiming party (plaintiff) or the Third party Lawyers?
The Do's
Do sign and acknowledge receipt of the Writ of Summons (WOS) from the Process Server.
Do collect the WOS documents from the Third Party (TP) law firm if so requested to do so by the Third Party Lawyers.
Do personally hand deliver the WOS documents to the Allianz Claims Department as soon as possible - ideally, within 24 hours or the next working day.
Do inform Allianz if you have engaged a Lawyer to pursue your property damage and / or bodily injury claim.
Do instruct your Lawyer, if you have one appointed, to:
Keep Allianz and the Allianz-appointed Lawyer informed of the material developments, status, and outcome of your claim.
Ensure that any settlement reached with the Third Party Insurer does not prejudice Allianz's efforts in defending you in the Suit against you.
Do be assured that Allianz will endeavour to resolve the claim with the Third Party Lawyers amicably and out of court in the most cost effective way so that you will not be inconvenienced unduly.
Do extend full co-operation to any Allianz-appointed Defence Lawyer and make yourself available for interviews and preparation of your witness statements in the event that Allianz's best attempts to resolve the claim out of court have failed.
Do be factual and truthful when interviewed by Allianz-appointed Defence Lawyer.
Make yourself available for court attendance, as a witness, should this become necessary. Adequate preparation will help this to go smoothly.
Do approach the Allianz-appointed Lawyer directly for a copy of the Notice of Discontinuance court document following the conclusion of the legal proceedings should you require a copy of it.
The Don'ts
Do not refuse to accept service of the WOS to avoid embarrassment as the process server may paste the WOS on your main entrance door - visible to your neighbours.
Do not correspond or communicate with the Third Party Lawyers.
Do not admit liability or discuss liability with the Third Party Lawyers, verbal, or otherwise.
Do not ignore the service of the WOS.
Do not discard the WOS or leave it unattended as otherwise the court may decide the case against you by default. This can also constitute a breach of your insurance policy condition.
Do not worry over the potential defence costs as your Allianz policy will pay for such legal costs in line with the terms and conditions of your policy with Allianz.
Do not be alarmed over the quantum of the TP claim as your Allianz policy will pay on your behalf in accordance with the terms and conditions of your policy with Allianz.
Do not be upset with the allegations made against you by the Third Party Claimant, outlined in the WOS.
Source:
What should you do if you have received one from the claiming party (plaintiff) or the Third party Lawyers?
The Do's
Do sign and acknowledge receipt of the Writ of Summons (WOS) from the Process Server.
Do collect the WOS documents from the Third Party (TP) law firm if so requested to do so by the Third Party Lawyers.
Do personally hand deliver the WOS documents to the Allianz Claims Department as soon as possible - ideally, within 24 hours or the next working day.
Do inform Allianz if you have engaged a Lawyer to pursue your property damage and / or bodily injury claim.
Do instruct your Lawyer, if you have one appointed, to:
Keep Allianz and the Allianz-appointed Lawyer informed of the material developments, status, and outcome of your claim.
Ensure that any settlement reached with the Third Party Insurer does not prejudice Allianz's efforts in defending you in the Suit against you.
Do be assured that Allianz will endeavour to resolve the claim with the Third Party Lawyers amicably and out of court in the most cost effective way so that you will not be inconvenienced unduly.
Do extend full co-operation to any Allianz-appointed Defence Lawyer and make yourself available for interviews and preparation of your witness statements in the event that Allianz's best attempts to resolve the claim out of court have failed.
Do be factual and truthful when interviewed by Allianz-appointed Defence Lawyer.
Make yourself available for court attendance, as a witness, should this become necessary. Adequate preparation will help this to go smoothly.
Do approach the Allianz-appointed Lawyer directly for a copy of the Notice of Discontinuance court document following the conclusion of the legal proceedings should you require a copy of it.
The Don'ts
Do not refuse to accept service of the WOS to avoid embarrassment as the process server may paste the WOS on your main entrance door - visible to your neighbours.
Do not correspond or communicate with the Third Party Lawyers.
Do not admit liability or discuss liability with the Third Party Lawyers, verbal, or otherwise.
Do not ignore the service of the WOS.
Do not discard the WOS or leave it unattended as otherwise the court may decide the case against you by default. This can also constitute a breach of your insurance policy condition.
Do not worry over the potential defence costs as your Allianz policy will pay for such legal costs in line with the terms and conditions of your policy with Allianz.
Do not be alarmed over the quantum of the TP claim as your Allianz policy will pay on your behalf in accordance with the terms and conditions of your policy with Allianz.
Do not be upset with the allegations made against you by the Third Party Claimant, outlined in the WOS.
Source:
For more information, kindly visit The Subordinate Court of Singapore ~ Writ of Summons
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