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Going To Court

The decision to go to court, whether you are suing another party or being sued, is not a small one. Going to court can be costly and time-consuming. The decision of the court is final and binding.

Which Court Will Hear My Case?
What Is The Process Like?
What If I Am Not Satisfied With The Judgment?
Can I Take Criminal Action Against Someone Or A Business?


Which Court Will Hear My Case?

Business disputes are heard in the Civil Courts. The nature and amount of the claim (compensation being sought) determines the court that will hear your case.

1.  Small Claims Tribunal

  • The Small Claims Tribunal handles claims up to S$10,000. If both parties agree, the claim amount can be up to S$20,000.

  • The Small Claims Tribunal only deals with disputes that involve sale of goods or services and property damage.

    See:

    2.  Magistrates’ Court

    3.  District Court

    4.  High Court

    • The High Court hears all claims that exceed S$250,000. It also deals with other matters such as probate, bankruptcy, winding-up of companies, etc.

      See: Civil Proceedings in the High Court

    5.  Other Specialised Courts

    There are also specialised courts and tribunals that hear cases on specific matters:

    • Copyright Tribunal
      The Copyright Tribunal helps to resolve disputes between copyright owners and users of copyright materials.

    • Labour Court
      When disputes between employers and employees cannot be resolved through reconciliation and mediation, they may be referred to the Labour Court.

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    What Is The Process Like?

    • The person claiming, also known as the plaintiff, decides which Civil Court to file the suit depending on the nature and amount of the claim.

    • The plaintiff starts the entire process by filing a claim according to the rules of the court.

    • The person being sued, also known as the defendant, will be “served” the claim. The defendant can then engage a lawyer to defend his case.

    • The court will set a date to hear both sides and evaluate all the evidence.

    • At any time after a claim is filed and before a judgement is made, the parties can try to settle out of court. In the Small Claims Tribunal, mediation is a necessary step. 

    • Once a ruling is made, it is enforceable. If the parties refuse to comply, the court can take several actions to enforce the ruling.

    • The most common is by issuing a writ of seizure and sale. It allows the claiming party to seize the assets and sell them in order to obtain the compensation ordered by the court.

    • You should consult with your lawyer on the procedures for each court. 

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    What If I Am Not Satisfied With The Judgment?

    • If you are not satisfied with a judgment, you may make an appeal to the High Court.

    • However, such appeals may be denied. Otherwise, the court may overturn the verdict or change the amount awarded as compensation.

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    Can I Take Criminal Action Against Someone Or A Business?

    • Only the State can prosecute a person or a business in criminal courts. Even if the business you are suing has committed a criminal offence, you cannot start criminal proceedings.

    • You can, however, lodge a complaint in front of a Magistrate if you believe that someone or business has committed a criminal offence.

    See: Criminal Justice on how to file a Magistrate's complaint

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Last updated on 31 October 2007
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