Main Category

• Library > Legal Subjects > Litigation > Civil Matters

Related Topics

• Small Claims
• Tribunal

WHAT IS SUBSTITUTED SERVICE ?

Have you ever seen this advertisement in the local daily newspaper ?

In fact, a lot of these advertisements appear in the daily newspaper such as The Star, New Straits Time, Daily Express and Borneo Mail.

This advertisement is a Substitution Service Order made by the Court.

That is called substituted service.

You may apply to serve the summons by way of substituted service, only if

• the summons is required to be served personally on any person, and it appears that it is not practicable for any reason to serve the summons personally on that person e.g. such person cannot be contacted or present address not known.
• in the case of a summons which is sent by prepaid registered post, it is returned undelivered for any reason e.g. moved or no such address.

Application can be made by making a notice supported by an affidavit in Form 11 (Affidavit On Application For Substituted Service) stating the facts on which the application is founded.

Practically, you should make at least 3 attempts to effect personal service of the summons on the defendant's last known address where the 3rd attempt should be preceded by a letter of appointment sent to the defendant giving not less than 2 clear days notice.

Use all reasonable efforts to serve the summons before making such application.

At the hearing of the application for an order for substituted service, the Court may issue a Substituted Service Order in Form 10 (Order For Substituted Service).

Once the order is made, you will be directed such steps to be taken so as to bring the summons to the notice of the defendant by publication of the summons in local newspaper or posting the summons at the defendant's last known address, after which such service shall be good and sufficient service of the summons.