Y Y Tan & Co
3 SHENTON WAY #22-07
SINGAPORE 068805
TELEPHONE 226 5542
FACSIMILE 226 5552
Advocates & Solicitors___________________________________________________________________________________________________
Our Ref: S9901
16 October 2000
Mr Yong Ah Kow
123 Devon Road
Singapore 670442
Dear Sir/Madam,
Outstanding debt of $31,652.94
We act for Madam Lim May Choo, trading as May Choo Uniform Services.
We are instructed that you were indebted to our client in the sum of $31,652.94 (Debt) for goods sold and delivered to you.
Particulars
(1) Invoice 609 dated 1 May 2000 $ 11,230.66
(2) Invoice 695 dated 9 May 2000 $ 20,422.28
.........$31,652.94
Despite repeated requests, you have failed/refused to pay the Debt.
TAKE NOTICE THAT unless you pay the Debt within seven days of this letter, legal proceedings shall be commenced against you.
Yours faithfully,
(Y Y Tan)
If the payment remains outstanding, legal action may be started. You can see a sample of a writ of summons below.
WRIT OF SUMMONS
IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE
MC Suit No. 12345 of 2000
BETWEEN
AND
To: The Defendant
Yong Ah Kow
123 Devon Road
Singapore 670442
THIS WRIT OF SUMMONS has been issued against you by the abovenamed Plaintiff in respect of the claim endorsed herein. Within eight days after the service of this Writ on you, counting the day of service, you must either satisfy the claim or cause an appearance to be entered for you and in default of your so doing the Plaintiff may proceed with the action and judgment may be entered against you without further notice.
Dated this 20th day of November 2000
Solicitors for the Plaintiff
YY Tan & CoRegistrar
Subordinate CourtsNote: This Writ may not be served more than 6 calendar months after the above date unless renewed by order of Court.
The defendant(s) may enter an appearance(s) either personally or by a solicitor at the Registry of the Subordinate Courts
If the defendant enters an appearance, then, unless a summons for judgment is served on him in the meantime, he must also serve a defence on the solicitor for the plaintiff within 14 days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against him without further notice.
AND $800.00 (or such sum as may be allowed on taxation) for costs, and also, if the plaintiff obtains an order for substituted service, the further sum of $300.00 plus disbursements (or such sum as may be allowed on taxation). If the amount claimed and costs be paid to the plaintiff or its solicitors within 8 days after service hereof (inclusive of the day of service), further proceedings will be stayed.
This Writ is issued by Messrs Y Y Tan & Co No. 3 Shenton Way #22-07 Shenton House Singapore 068805 for the Plaintiff whose registered address is at no. 123 Orchard Road #17-25, Singapore 238859.
This Writ is served by
by way of personal service (or as may be) on the Defendant(s)
who is known to me/who was pointed out to me by / who admitted to me that he was at on the day of 2000 at am/pm.
Endorsed
Process Server
____________________________________________________________________
STATEMENT OF CLAIM
1. The Plaintiff is in the business of selling items of clothings.
2. By a letter of offer dated 22 January 2000 which was accepted by the Defendant on 25 January 2000 (Contract), the Defendant agreed to purchase items of clothing under the terms stated therein.
3. In the Contract, the Defendant agreed, amongst other things, to pay all outstanding payments within 14 days from the date of each invoice.
4. By clause 4(2) of the Contract, the Defendant agreed to pay interest on all outstanding payments at the rate of one-half percent (1 1/2%) per month from the due date.
5. As on 11 August 2000, the Defendant was indebted to the Plaintiff in the sum of $31,652.94.
Particulars
(1) Invoice 609 dated 1 May 2000 $ 11,230.66
(2) Invoice 695 dated 9 May 2000 $ 20,422.28
.........$31,652.94
6. Despite repeated requests, the Defendant has failed to pay the said $31,652.94.
AND THE PLAINTIFF CLAIMS:
(1) The sum of $31,652.94;
(2) Interest as stated in the Contract; and
(3) Costs.
Dated 20th day of November 2000
After legal action has started, the Court may mediate to resolve the dispute. During the mediation, the court officers discuss the strength and weakness of each party. About 90% of legal actions are settled by mediation. A mediation provides an opportunity for the plaintiff and the defendant resolve a dispute quickly without having to go through an expensive trial.
After a mediation or a trial, a court may order that the Debtor pays the Debt to you. This is called a Judgment.
If the Debtor fails to pay the Judgment to you, you have several ways to make him pay. One way is by Garnishee Proceedings (if someone (A) owes money to the Debtor, you can get an order of court requiring (A) to pay the money to you instead. Upon payment to you, A will not have to pay the Debtor the amount that he has pay to you.
You can see a sample of garnishee proceedings below.
In the example, the debtor has some money deposited in the bank. If you know about this, you can obtain a court order requiring the bank to pay (from the bank deposit) the amount owing to you. Similarly, if you know that a renovation contractor (B) has to refund a deposit to a debtor, you can get B to pay the deposit to you.
IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE
MC Suit No. 12345 of 2000
BETWEEN
AND
AND
ABC BANK
(RC No. F01952M).........Garnishee
GARNISHEE ORDER TO SHOW CAUSE
BEFORE THE DEPUTY REGISTRAR IN CHAMBERS Upon the application of the Judgement creditor made by way of the Ex-Parte Summons-in-Chambers Entered no. 15557 coming for hearing this 30th day of December 2000 and upon reading the affidavit of Chan Weng Leong filed on 17th day of December 2000.
It is ordered by the Judge/registrar that all debts due or accruing due from the Garnishee to the Judgment Debtor in the sum of $31,652.94 be attached to answer a judgment recovered against the Judgment Debtor by Judgment Creditor in the Subordinate Courts on the 15th day of December 2000 for the sum of $31,652.94 and $700.00 costs together with the costs of the garnishee proceedings.
And it is ordered that the garnishee attend before the Deputy Registrar in Chambers on 12nd of January 2001 at 2.30 pm on an application by the Judgment Creditor that the Garnishee do pay to the Judgment Creditor the debt due from the Garnishee to the Judgment Debtor, or so much thereof as may be sufficient to satisfy the judgment together with the costs of the garnishee proceedings.
Dated this 30th day of December 2000
The application for a Garnishee Order must be supported by a sworned statement (an affidavit) explaining why there is money due from the bank to the debtor. (see an affidavit below)
IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE
MC Suit No. 12345 of 2000
BETWEEN
AND
AND
AFFIDAVIT IN SUPPORT OF GARNISHEE ORDER
I, CHAN WENG LEONG, NRIC No. 1123521A of No. 1 Coleman Street, Singapore 179803 do affirm and say as follows:
1. I am the manager of the judgment creditor and I am duly authorised to make this Affidavit of her behalf.
2. By a judgment of the Court given in this action and dated 23 November 2000 it was adjudged that the Judgment Debtor should pay the Judgment Creditor the sum of $31,652.94 and costs of $700.00.
3. The judgment still remains unsatisfied to the extent of $31,652.94 and costs of $700.00.
4. To the best of my information and belief, the Garnishee is indebted to the judgment debtor in the sum of $31,652.94 or thereabouts, and is within the jurisdiction of this Court.
5. The grounds of my information and belief are based on the fact that the Judgment Debtor presently has a bank account with the Garnishee and there are monies in the said bank account due or accruing due by the Garnishee to the Judgment Debtor. A true copy of a cheque signed by the Judgment Debtor dated 18 January 1999 confirming the presence of the said bank account at the garnishee is annexed herein and marked as "CCL-1".
AFFIRMED/SWORN by the abovenamed )
Chan Weng Leong at Singapore on )
this 17th day of November 2000 )Before me
A COMMISSIONER FOR OATHS
At the hearing, the bank informs the Court that the debtor has $20,661.96 balance in the bank deposit. The Court may grant a Garnishee Order as shown below.
IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE
MC Suit No. 12345 of 2000
BETWEEN
AND
AND
GARNISHEE ORDER
Upon reading the affidavit of Chan Weng Leong filed on the 17th day of November 2000 and the order to show cause made herein dated 20th of November 2000 and upon hearing the solicitors for the Judgment Creditor and the Garnishee, whereby it was ordered that all debts due or accruing due from the Garnishee to the Judgment Debtor should be attached to answer a judgment recovered against the Judgment Debtor by the Judgment Creditor in the Subordinate Courts on 23 October 2000 for the sum of $31,652.94 and $700.00 costs together with the costs of the garnishee proceedings on which judgment the sum of $31,652.94 and $700.00 costs remained due and unpaid.
It is ordered that the said garnishee do forthwith pay to the Judgment Creditor $20,261.96 being so much of the debt due from the garnishee to the judgment debtor as is sufficient to satisfy the judgment and costs, together with $200.00 the costs of the garnishee proceedings, and that the garnishee be at liberty to retain $200.00 for their costs of this application out of the balance of the debt due from them to the judgment debtor.
Dated this 15th of January 2001
Registrar
Subordinate Courts
Singapore
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