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How to sue someone in Singapore through Civil Litigation?

by awlawllc
litigation lawyer Singapore

Litigation is the term used to describe the process of bringing a lawsuit against someone. The alternative conflict resolution processes of neutral assessment, arbitration, and mediation contrast with litigation.

Generally speaking, there are two types of litigation: civil and criminal. In criminal cases, the State often brings charges against a defendant through the litigation lawyer Singapore.

Before legal action is taken:

 Claimants should carefully consider filing a lawsuit since it may be an expensive procedure. The legal viability and strength of the claimant’s case, as well as whether the claimant is still within the window of time for filing the action, are all legal issues.

There are many practical factors to take into account, such as:

  • Goals of the claimant’s lawsuit Both parties’ financial resources
  • The amount at issue is the probable length of the legal process from the time it begins until it is resolved
  • Whether the outcomes of a successful lawsuit may be properly enforced

Litigation is ultimately a type of dispute resolution. Therefore, parties should think about whether going to court is an efficient way to settle their conflict.

In Singapore, court cases may last 1 to 1 and half years in the State Courts and 1-2 years or longer in the High Court, however, the precise length would depend on the particulars of each case and the defendant’s zeal in defending it.

If the claimant has hired a civil lawyer Singapore to represent them, the claimant’s attorney may first send the opposing party a letter of demand stating that they must abide by the claimant’s claims or face legal action. If the demands are not met, the attorney could suggest starting legal action.

A statement of claim will often be affixed to the initial claims. The relevant facts of the case that give birth to the claimant’s cause of action are stated in this declaration. The remedies sought by the claimant, or what the claimant seeks from the defendant if the case is successful, must also be included in the statement of claim.

The defendant shall provide the claimant with defense within the period specified for service. The defense is a statement of the grounds for not holding the defendant accountable for the remedy requested by the claimant.

The successful party will be able to implement (or enforce) the orders in the judgment when the court issues a judgment or order. Several methods can be used to carry out judgments.

For instance, if the claimant wins a lawsuit but the defendant refuses to pay damages, the claimant may wish to get an enforcement order for the seizure and sale of the property to confiscate the defendant’s property and sell it to recover the money owed to him.

Other methods of enforcement, including bankruptcy and winding up applications, writs of possession, writs of delivery, writs of distress, committal, attachment of debt, and receivership appointments, may be used, depending on the type of judgment granted and the available assets of the party required to pay damages.

Should you use legal counsel in your litigation?

In court proceedings, people are allowed to represent themselves. Businesses may also ask the court for authorization to send a representative to court proceedings on their behalf.

However, parties are strongly advised to consult with and retain an experienced litigation lawyer before starting any legal proceedings due to the complexity of the litigation process, the extensive procedural requirements, and the various actions that parties may take at each stage of the litigation process.

In addition to making sure that procedural rules are followed, a skilled litigation attorney would also be able to counsel clients on the possible hazards of litigation and, more crucially, develop legal strategies for accomplishing their client’s end goals.

Finally, since the litigation process is lengthy, requires several steps, and is dependent on the defendant fighting the case, the costs associated with it may be high. Therefore, parties should only start legal action if it makes sense to do so.

Also Read:-3 First Steps To Getting A Divorce

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