Enforcing Small Claims Tribunals order to be improved: Forum

We thank Mr Solomon Poon Ke Foong for his letter and note his experience (Make it easier for those who win cases at Small Claims Tribunals to get their money, Jan 27).

When a party wins a Small Claims Tribunals (SCT) case, he may choose to enforce the SCT order by filing the single enforcement court application in the District Court.

Claimants can also refer to the “Execute or enforce a small claims order” guide on the SG Courts website for more information. In addition, claimants can seek help with their court applications at the integrated Service Hub and Business Centre at State Courts to follow through with their claim enforcement.

The enforcement framework in Singapore was last streamlined under the Rules of Court 2021, which enable an applicant to file a single enforcement court application instead of multiple applications for each method of enforcement. The Singapore Courts will continue to work with the relevant stakeholders to address the diverse needs of our court users.

Additionally, the Ministry of Law is studying possible statutory reforms to streamline and improve the enforcement process. As part of the reforms, new powers may be introduced to address the challenges of non-compliance with court orders.

Lim Lay Kim
Director, Communications
Singapore Courts

Make it easier for those who win cases at Small Claims Tribunals to get their money:Forum

The Small Claims Tribunals (SCT) were established to provide ordinary citizens with a simple, inexpensive way to resolve disputes without lawyers. However, when defendants don’t pay up, the convoluted enforcement process completely undermines this purpose.

Recently, I won a case at the SCT against a company that provided fraudulent services. Despite a clear order, the company refused to pay the judgment sum. This is where the supposedly simple system breaks down.

To enforce the SCT order, claimants must navigate complex district court procedures. One must file an originating application, ex parte summons and various affidavits – terms most laypeople would not understand.

When I was at the State Courts filing these documents, the secretary told me people often need to make multiple trips to get everything correct.

The process involves multiple court systems, confusing filing procedures, and documents that must be sworn before commissioners of oaths. What started as a straightforward SCT claim became a maze of legal procedures, practically requiring a lawyer’s expertise.

This creates a troubling situation. Many successful SCT claimants may give up on enforcement because the process is too daunting, or they have to incur legal costs that could exceed their claim amount. This effectively rewards defendants who refuse to pay SCT orders, knowing that enforcement is beyond most people’s capabilities.

If you win an SCT case against someone who refuses to pay, should you need a law degree or a lawyer to enforce a judgment from a court specifically designed to help ordinary citizens?

While the system works well up to the judgment stage, the enforcement process needs urgent reform to maintain the SCT’s purpose of providing accessible justice.

A simplified, user-friendly enforcement process would ensure that SCT judgments actually result in justice being served.

Solomon Poon Ke Foong

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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