Your company has received a “Writ Saman” (Writ of Summons) and “Pernyataan Tuntutan” (Statement of Claim) from a law firm. What are the first immediate steps you need to attend to?
Step 1: Read the Document
- Check that the Defendant named is correct
- Understand what you are being sued for
- Note the date you received the documents – timelines start to run from this date!
Step 2: Enter Appearance
- File a “memorandum of appearance” within 14 days of receipt of the court papers
- Failure to enter appearance can result in a judgment in default against you
Step 3: Appoint Lawyers
- Unless the claim is for a small amount, it is advisable to get a lawyer.
- Appoint a lawyer that you are comfortable with, that has the relevant experience and expertise in the subject matter of the suit.
- A company must be represented through lawyers for claims above RM5,000.
Step 4: Attend Court
- If you haven’t appointed a lawyer in time, you will need to attend the case management / mention, where the Court will give directions for the further conduct of the case.
- Most first case management dates are conducted online via e-Review platform
- If you have appointed lawyers, they will attend to this for you.
Advice: Do not panic upon receipt of a summons, consult a lawyer if in doubt.
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This article was written by Yan Nie Th’ng (Partner) from Donovan & Ho’s employment law practice.
Donovan & Ho is a law firm in Malaysia, and our employment practice group has built a reputation for providing strategic employment advice to local and global organisations. Our team of employment lawyers provide advice on employment law and industrial relations including review of employment contracts, policies and handbooks, advising on workforce reductions, and managing dismissals of employees for poor performance or misconduct. We also represent clients in unfair dismissal claims and employment-related litigation. Have a question? Please contact us.
