Personal service is intended to draw the attention of the defendant to the measures taken against him; Would the service be valid if an unconventional method is used to achieve the same objective? Can you deliver court documents via Facebook? In Malaysia, a civil action is brought by an original summons or declaration of claim,17 valid for six months from the date of issue. A sealed application must be served either on an application or on a brief statement of the nature of the application or of the remedy sought by the application. The summons may be served on the defendant by personal service or registered mail or, in accordance with the latest amendments to the Rules of Procedure, by electronic communication.18 As a general rule, the defendant who has been served with an application and a motion has 14 days to appear before the proceedings, defend himself and file a defence and counterclaim. Thereafter, the plaintiff has 14 days to serve a reply and a reply on the defence and counterclaim. If the defendant does not appear within the prescribed time, a default judgment may be rendered against him.19 7. Order 11 of the Republic of Korea regulates the service of foreign proceedings in Malaysia. The defendant`s registered mailing address must be served in person or by RA. This provision is optional in the following cases: the action is normally brought by the filing of a summons to appear accompanied by a motion [A.]; [B.] a concise description of the nature of the claim or remedy sought by the action. The filing is usually done online and the declaration is usually sealed by the court within one to two days. The plaintiff must serve the summons and the request with the request if the sealed request is issued in accordance with the Malaysian Legal Service. In order to satisfy the requirements of the Malaysian Legal Service, the complainant may simply serve the summons accompanied by a brief explanation of the plea and the remedies sought. This could be achieved by personal service or acknowledgement of receipt (AR) of registered mail to the defendant`s last known address. DISCLAIMER: The information contained herein is provided for general information purposes only and may not be accurate at the time of delivery in a particular case or country.
Questions regarding specific services should be directed to our office. Caution should be exercised when choosing the method of service (formal/informal) in case of possible enforcement of a judgment is expected in the country where the documents are to be served. No legal advice is provided in the statements contained herein. Assignments for the International Litigation Department are accepted on the basis that the designated firm has researched all applicable laws. Process Service Network and its enforcement agents assume no responsibility for their actions as part of any phase of the Process Assignment Service. Process Service Network specializes in legal services in Malaysia and is one of the few law firms that manages international litigation services and offers competitive pricing. Our task is to reduce bureaucracy and bureaucracy in order to complete the service as quickly as possible. We have been in business since 1978 and have established close working relationships with key people in most countries of the world.
The founder and CEO of Process Service Network studied political science with a focus on international relations and is actively involved in a global organization through which he has built business and personal relationships in more than 80 countries around the world. He is also a member of the International Circle of the World Affairs Council and an associate member of the American Bar Association (ABA). Foreign judgments can only be registered if they come from a reciprocal state, as indicated in the REJA list of opposing countries. The only way to enforce a foreign decision that has not been registered with REJA is to initiate new legal proceedings. In order to obtain a domestic judgment, the plaintiff must provide prima facie evidence of a claim against the defendant in proceedings before a Malaysian court. Process Service Network serves legal documents in all countries of the world, including International Service of Process in Malaysia. Depending on your needs, we provide your legal documents either through our international network of private process servers or through other appropriate litigation service methods, as permitted by law in Malaysia (see below). Service through social media, whether by Facebook or Twitter, is a form of alternative service and represents an exception to the general rule that requires court authorization, without which the service is invalid. In Malaysia, replacement service is generally effected through newspaper advertising and the posting of notices in courtrooms and at the defendant`s last known address. This is a recognized and common practice, but it remains to be seen whether it has become obsolete with the advent of social media.