{"id":2096,"date":"2026-05-20T15:35:00","date_gmt":"2026-05-20T07:35:00","guid":{"rendered":"http:\/\/alexchanglaw.com\/?p=2096"},"modified":"2026-05-25T09:50:11","modified_gmt":"2026-05-25T01:50:11","slug":"substituted-service-court-summons","status":"publish","type":"post","link":"https:\/\/alexchanglaw.com\/index.php\/substituted-service-court-summons\/","title":{"rendered":"Substituted Service of Court Summons Kuala Lumpur Malaysia"},"content":{"rendered":"

Substituted Service<\/strong><\/h3>\n
Versi Bahasa Malaysia<\/a>“<\/h6>\n
\u4e2d\u6587\u7248<\/a><\/h6>\n

1\u00a0\u00a0 \u00a0A\u00a0 brief\u00a0 introduction to the process of Substituted Service.<\/p>\n

2 \u00a0\u00a0 \u00a0Unless expressly provided by the\u00a0\u00a0 Rules\u00a0 of Court for the documents to be served personally, they may be served by other mode of service such as inter alia<\/em> leaving a copy of the document\u00a0 at\u00a0 the proper address of the person to be served\u00a0 or\u00a0 the\u00a0 Prepaid Registered post.<\/p>\n

3 \u00a0\u00a0 \u00a0Personal service is required when it is\u00a0 specifically provided for by the of the Rules of Court 2012 or by an\u00a0 order of the court.\u00a0 For instance, the serving a Bankruptcy Notice or a Creditor\u2019s Petition in Bankruptcy<\/a> proceedings.<\/p>\n

3.1\u00a0 For more information on the\u00a0procedures\u00a0 in relation the Writ of Summons you may click here<\/a>.<\/p>\n

How To Effect Personal Service<\/h3>\n

4 \u00a0\u00a0 \u00a0Personal\u00a0 service is\u00a0 effected by leaving\u00a0\u00a0 a copy of the document with the\u00a0 person\u00a0 to be served.\u00a0 The process server must\u00a0 show the person to be served,\u00a0\u00a0 in the case where the document\u00a0 is a writ or other originating\u00a0 process,\u00a0 the sealed copy of the document;\u00a0 and\u00a0 in any other case, the process server must\u00a0 show him\u00a0 an office copy of the document to be served.<\/p>\n

5 \u00a0\u00a0 \u00a0In the event that the Honourable Court is\u00a0 of\u00a0 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\u00a0\u00a0 the\u00a0 ordinary way, the Honourable Court will then make an order for substituted service of that document.<\/p>\n

Application for Substituted Service<\/h3>\n

6 \u00a0\u00a0 \u00a0The\u00a0 application\u00a0 for an order for substituted service of that document\u00a0 shall\u00a0 be made by notice of application supported\u00a0 by\u00a0 an\u00a0 affidavit\u00a0 stating\u00a0 the\u00a0 facts on why the personal service cannot be effected on the person to be served.<\/p>\n

7 \u00a0\u00a0 \u00a0However, there are some guidelines to be followed before one can\u00a0 apply\u00a0 for an order for\u00a0 Substituted Service, it is not adequate by merely stating in\u00a0 the affidavit that the person to be served is evading service.<\/p>\n

7.1 \u00a0\u00a0 \u00a0There must be at least two attempts to serve the documents by way of\u00a0 personal service on the person to be served;<\/p>\n

7.2 \u00a0\u00a0 \u00a0The service should be made at\u00a0 the last known residence, whether\u00a0\u00a0 permanently or\u00a0 temporarily.\u00a0\u00a0\u00a0 If the claim relates to the\u00a0\u00a0 business of the Person to be served, the service should be made at his business address.\u00a0 If\u00a0 the Person to be served\u00a0 has left the address given\u00a0 in the writ, the Person to be served\u00a0 should state the same in the affidavit.<\/p>\n

7.3 \u00a0\u00a0 \u00a0The service\u00a0 should\u00a0 be made on weekdays and also at reasonable hours.<\/p>\n

7.4 \u00a0\u00a0 \u00a0The first and second attempts of\u00a0 service\u00a0 should be on separate day.<\/p>\n

7.5 \u00a0\u00a0\u00a0 \u00a0The second attempt of service should be made by\u00a0 appointment vide a\u00a0 letter sent to the Defendant\u00a0 by prepaid ordinary\u00a0 post.<\/p>\n

7.6 \u00a0\u00a0 \u00a0On\u00a0 the appointed date,\u00a0 the process server should inquire whether the Defendant has received the letter of appointment with a\u00a0 copy of\u00a0 the document.<\/p>\n

Bring The Document to the Notice of the Person to be Served<\/h3>\n

8 \u00a0\u00a0 \u00a0Once a substituted service order is granted by the Honourable Court.\u00a0\u00a0 The service of the document is\u00a0\u00a0 effected\u00a0\u00a0 by\u00a0 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:<\/p>\n

8.1 \u00a0\u00a0 \u00a0by posting\u00a0 a\u00a0 copy of the order together with a sealed copy of the document on the Notice board of the relevant court;<\/p>\n

8.2 \u00a0\u00a0\u00a0 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\u00a0 the person to be served;<\/p>\n

8.3 \u00a0\u00a0 \u00a0by advertising\u00a0 once in the local newspaper.<\/p>\n

9\u00a0 \u00a0 \u00a0 The last postings (at the premises of the person to be served and the Notice board of the relevant court)\u00a0 and the advertisement shall be deemed good and sufficient service of the\u00a0 documents on\u00a0\u00a0 the person to be served,\u00a0 if they are done within the time\u00a0\u00a0 stipulated by the Court.<\/p>\n

10\u00a0 \u00a0 This procedural framework finds its most immediate application during case management.<\/p>\n

10.1\u00a0 \u00a0As outlined in paragraph 4.2 of the Chief Judge of Malaya Practice Direction No. 1 of 2020 on Pre-Trial Civil Case Management, during the first e-Review case management session, if it is established that the Plaintiff has failed to serve the Writ through conventional means, the Judicial Officer is empowered to directly order that an application for substituted service be filed.<\/p>\n

10.2\u00a0 \u00a0To ensure the litigation proceeds without unnecessary delay, the court will straight away set a second case management date within fourteen days from the first.<\/p>\n

11\u00a0 \u00a0 \u00a0This tight timeline, prescribed by the Practice Direction, serves a dual purpose: it compels the plaintiff to act swiftly in formulating and filing the alternative service application, while simultaneously allowing the court to maintain strict oversight over the case’s progression, preventing the initial failure of service from causing indefinite stagnation in the proceedings.<\/p>\n

Lim Soo Zee<\/p>\n\n\n

\"\"<\/a><\/figure>\n","protected":false},"excerpt":{"rendered":"

Substituted Service Versi Bahasa Malaysia“ \u4e2d\u6587\u7248 1\u00a0\u00a0 \u00a0A\u00a0 brief\u00a0 introduction to the process of Substituted Service. 2 \u00a0\u00a0 \u00a0Unless expressly provided by the\u00a0\u00a0 Rules\u00a0 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\u00a0 at\u00a0 the proper […]<\/p>\n","protected":false},"author":1804,"featured_media":11810,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"_links":{"self":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts\/2096"}],"collection":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/users\/1804"}],"replies":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/comments?post=2096"}],"version-history":[{"count":16,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts\/2096\/revisions"}],"predecessor-version":[{"id":12444,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts\/2096\/revisions\/12444"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/media\/11810"}],"wp:attachment":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/media?parent=2096"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/categories?post=2096"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/tags?post=2096"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}