Writ of Summon (WOS)

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:

For more information, kindly visit The Subordinate Court of Singapore ~ Writ of Summons

Legal Terms that you should know

Part of growing up, I have been handling too much legal letters for people around me, myself or from the Financial advisor. Below are some of the Legal Terms ~ Common Law which is a category for legal phrases or terms originating in Common Law. Though to some it is not a must to be aware of these terms, to me it is just a learning point for me to understand more in depth when handling with such situation with regards to the commonly used terms in the proceeding of the Subordinate Courts.


Source:


Singapore Law Online
NUS School Of Law
Legal Aid
Glossary Of Law Terms ~ English and Malay

Legal words:
accused – person charged with the crime


adjourn – to put off a court case to a later date


affidavit – a written document containing evidence for the court. An affidavit is signed in front of an authorised person (such as a lawyer or Justice of the Peace) and sworn or affirmed to be true


allegation – when someone accuses another person of having done something


assets – things you own, such as property, land, shares, bank deposits, jewellery, clothes, and so on


attorney – a person appointed to make financial, legal or medical treatment decisions for another person


barrister – a lawyer who specialises in appearing at court


case – your legal issues in the court system


charge – an explanation of the law that police say you have broken


conviction – a criminal record of when the court has found you guilty of breaking the law


court order – a court document that says you must do something. It is also a document that sets out your penalty if you are found guilty of breaking the law


defendant – a person or organisation that has been charged with breaking the law


duty lawyer – a lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court


enforcement order – a written document made by a court that says you must follow an order


final hearing – the last hearing in a case where the court listens to witnesses and any other evidence


general power of attorney – a document that allows a person to make financial or legal decisions for you while you have legal capacity


hearing – the presentation of a case at court


infringement notice – money you have to pay for minor offences, such as littering, parking or traffic offences (also known as an ‘on the spot’ fine)


interim order – an order made by a court until another order or a final order is made


jurisdiction – the legal power of a court or the area that a court's legal power covers


jury – a group of people who decide if you are guilty or not guilty based on evidence given in court


notice to appear – a document you will get when you are suspected of breaking the law. It tells you to go to court on a particular date. The police will usually give this to you


perpetrator – a person who breaks the law


solicitor – a lawyer who can advise you about the law and represent you in court


subpoena – a document that says you must appear in court or give certain documents to the court at the request of the party


summons – a court document that tells you when you must go to court


trial – a court case in front of a jury


warrant – a court document that says what the police or sheriff can do, such as arrest you or search your house