How Is a Garnishee Order Served in Singapore?

Question from Diana, How Is a Garnishee Order Served in Singapore?

Answer from AI:

In Singapore, the process of serving a garnishee order involves a specific set of procedures that must be followed to ensure the order is legally binding and enforceable. A garnishee order is a court order that allows a creditor to collect a debt from a third party, known as the garnishee, who owes money to the debtor.

Garnishee Order Service Procedures

• Issuance of Garnishee Order: After a creditor obtains a judgment against a debtor, they may apply for a garnishee order to recover the debt from a third party holding funds on behalf of the debtor.
• Service of Order: Once the court issues a garnishee order, it must be served on the garnishee. This is typically done through formal service procedures.

Role of Bailiffs or Sheriffs

In some jurisdictions, formal service of legal documents is carried out by court officers such as bailiffs or sheriffs. However, in Singapore, the service of a garnishee order does not necessarily require a bailiff or sheriff.

Personal Service by the Creditor

• Personal Service: The creditor may serve the garnishee order personally on the garnishee or by registered post. However, it is crucial to follow the rules of service as stipulated by the Singapore courts to ensure the service is valid.
• Proof of Service: After serving the garnishee order, the creditor must provide proof of service to the court. This is typically done by filing an affidavit of service, which details how and when the order was served.

Legal Advice and Assistance

While personal service by the creditor is permissible, it is essential to understand that the process must comply with the legal requirements set forth by the courts. Failure to serve the garnishee order correctly can result in delays or the order being set aside. Therefore, individuals are encouraged to seek legal advice or assistance from a professional to ensure that they are following the correct procedures.

For more detailed information on the service of garnishee orders and the rules governing such procedures, individuals can refer to the Supreme Court of Judicature Act and the relevant subsidiary legislation, or consult the Singapore Supreme Court’s website.

In conclusion, while a bailiff or sheriff is not required to serve a garnishee order in Singapore, it is crucial to adhere to the proper service procedures. Creditors considering serving the order personally should ensure they are fully informed about the legal requirements or seek professional guidance to avoid any complications.