1. What Are the Small Claims Tribunals in Singapore?
The Small Claims Tribunals (SCT) are part of Singapore’s State Courts, established to provide a quick and cost-effective forum for resolving low-value disputes between consumers and suppliers. The SCT offers an informal setting where individuals and businesses can settle disagreements without the need for legal representation.
2. Types of Cases Handled by the SCT
The SCT hears specific types of disputes, including:
- Contracts for the Sale of Goods: Issues arising from the purchase of defective products or non-delivery of items.
- Contracts for the Provision of Services: Disputes over services rendered, such as renovation works or repair services.
- Damage to Property: Claims involving damage caused to personal or real property.
- Residential Tenancy Agreements: Disputes related to leases of residential properties not exceeding two years.
Note: The SCT does not handle claims related to employment matters, loans, hire-purchase agreements, or motor vehicle accidents.
3. Monetary Claim Limits
The SCT has jurisdiction over claims up to $20,000. However, this limit can be increased to $30,000 if both parties agree and sign a Memorandum of Consent.
4. Eligibility Criteria
To file a claim with the SCT, ensure that:
- The claim falls within the types of cases the SCT handles.
- The monetary value does not exceed the prescribed limits.
- The claim is filed within two years from the date the cause of action arose.
5. Filing a Small Claim
Step 1: Pre-Filing Assessment
Before filing, complete a pre-filing assessment through the Community Justice and Tribunals System (CJTS) to determine if your case is suitable for the SCT.
Step 2: Prepare Necessary Documents
Gather all relevant documents, such as:
- Contracts or agreements.
- Receipts and invoices.
- Correspondence related to the dispute.
- Photographic evidence, if applicable.
Step 3: File the Claim Online
All claims must be filed electronically via the CJTS portal. You’ll need to:
- Create an account or log in.
- Complete the claim form with details of the dispute.
- Upload supporting documents.
- Pay the filing fee.
Step 4: Serve the Claim on the Respondent
After filing, serve the claim and Notice of Consultation on the respondent within seven days. Service can be done through:
- Personal Delivery: Handing the documents directly to the respondent.
- Registered Mail: Sending the documents via registered post.
Step 5: Attend the Consultation and Hearing
Both parties will be required to attend a consultation session. If the dispute isn’t resolved, it will proceed to a hearing before a tribunal magistrate.
6. Filing Fees
Filing fees are based on the claim amount and the type of claimant:
| Claim Amount | Individual Filing Fee | Corporate Entity Filing Fee |
|---|---|---|
| Up to $5,000 | $10 | $50 |
| $5,001 to $10,000 | $20 | $100 |
| $10,001 to $20,000 | 1% of the claim amount | 3% of the claim amount |
| $20,001 to $30,000 | 1% of the claim amount | 3% of the claim amount |
Note: Fees are subject to change; refer to the official SCT website for the most current information.
7. Legal Representation
Lawyers are not allowed to represent parties in SCT proceedings. This ensures the process remains informal and accessible.
8. Outcomes and Enforcement
If the tribunal rules in your favor, the respondent is required to comply with the order. If they fail to do so, you may:
- Apply for Enforcement: Seek assistance from the court to enforce the order.
- File an Appeal: Under specific circumstances, you may appeal the tribunal’s decision.
9. Tips for a Successful Claim
- Be Prepared: Gather all necessary evidence and documents to support your claim.
- Be Clear and Concise: Clearly articulate the facts and issues of your case.
- Follow Procedures: Adhere to all timelines and procedural requirements set by the SCT.
10. Conclusion
The Small Claims Tribunals in Singapore offer an efficient and cost-effective avenue for resolving minor disputes. By understanding the process, eligibility criteria, and preparing adequately, you can navigate the system effectively to seek redress.