Substituted Service of Court Summons Kuala Lumpur Malaysia

Writ of Summons
Writ of Summons

Substituted Service

1    A  brief  introduction to the process of Substituted Service.

2     Unless expressly provided by the   Rules  of Court for the documents to be served personally, they may be served by other mode of service such as inter alia leaving a copy of the document  at  the proper address of the person to be served  or  the  Prepaid Registered post.

3     Personal service is required when it is  specifically provided for by the of the Rules of Court 2012 or by an  order of the court.  For instance, the serving a Bankruptcy Notice or a Creditor’s Petition in Bankruptcy proceedings.

3.1  For more information on the procedures  in relation the Writ of Summons you may click here.

How To Effect Personal Service

4     Personal  service is  effected by leaving   a copy of the document with the  person  to be served.  The process server must  show the person to be served,   in the case where the document  is a writ or other originating  process,  the sealed copy of the document;  and  in any other case, the process server must  show him  an office copy of the document to be served.

5     In the event that the Honourable Court is  of  the opinion that it is impractical to serve that document personally on that person or there is any reason to believe that the person to be served is evading service or any other reason that the document cannot be served in   the  ordinary way, the Honourable Court will then make an order for substituted service of that document.

Application for Substituted Service

6     The  application  for an order for substituted service of that document  shall  be made by notice of application supported  by  an  affidavit  stating  the  facts on why the personal service cannot be effected on the person to be served.

7     However, there are some guidelines to be followed before one can  apply  for an order for  Substituted Service, it is not adequate by merely stating in  the affidavit that the person to be served is evading service.

7.1     There must be at least two attempts to serve the documents by way of  personal service on the person to be served;

7.2     The service should be made at  the last known residence, whether   permanently or  temporarily.    If the claim relates to the   business of the Person to be served, the service should be made at his business address.  If  the Person to be served  has left the address given  in the writ, the Person to be served  should state the same in the affidavit.

7.3     The service  should  be made on weekdays and also at reasonable hours.

7.4     The first and second attempts of  service  should be on separate day.

7.5      The second attempt of service should be made by  appointment vide a  letter sent to the Defendant  by prepaid ordinary  post.

7.6     On  the appointed date,  the process server should inquire whether the Defendant has received the letter of appointment with a  copy of  the document.

Bring The Document to the Notice of the Person to be Served

8     Once a substituted service order is granted by the Honourable Court.   The service of the document is   effected   by  taking the following steps instead of personal service, as the Court may direct to bring the document to the notice of the person to be served:

8.1     by posting  a  copy of the order together with a sealed copy of the document on the Notice board of the relevant court;

8.2     by posting a copy of the order together with a sealed copy of the document on the front door/ gate of the last known address of  the person to be served;

8.3     by advertising  once in the local newspaper.

9     The last postings (at the premises of the person to be served and the Notice board of the relevant court)  and the advertisement shall be deemed good and sufficient service of the  documents on   the person to be served,  if they are done within the time   stipulated by the Court.

Lim Soo Zee

Lim Soo Zee
Lim Soo Zee
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