Passionate About Blogging » Process Server http://passionateaboutblogging.com Blogging Tips | Blogging Is Not Rocket Science, It's About Being Yourself, And Putting What You Have Into It Wed, 08 Sep 2010 10:30:18 +0000 en hourly 1 http://wordpress.org/?v=3.0 http://passionateaboutblogging.com http://passionateaboutblogging.com/wp-content/mbp-favicon/PAB-Logo.jpg Passionate About Blogging A.R – Did You Get My Notice? http://passionateaboutblogging.com/legal/ar-%e2%80%93-did-you-get-my-notice http://passionateaboutblogging.com/legal/ar-%e2%80%93-did-you-get-my-notice#comments Wed, 08 Apr 2009 01:14:51 +0000 Passionate Blogger http://passionateaboutblogging.com/?p=968 Service of process is the procedure employed to give legal notice to a person (such as a defendant) of a court or administrative body’s exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents (called “process”) to the person to be served. Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff.
Under Malaysian law, a proper service of process must be served:-
- Personally on each defendant or
- By sending a prepaid acknowledgment returned (A.R. registered post)
- If service of process can’t be done by way of personal service or prepaid registered post, you can apply to serve by way of substituted service, i.e an advertisment in local newspapers.

lawIt is common practice among legal firms in Malaysia to serve notice using A.R Registered Post. It’s no surprise since it is considered as the cheapest and easiest way to serve the defendant and of course it is acceptable by law. A.R. registered post can be addressed to the defendant’s last known address.

The best method however is by way of personal service. Personal service is service of process directly to the (or a) party named on summons, complaint or petition. I always feel legal firms should make the effort to use this method first before looking for alternative when the defendant is nowhere to be found.  Personal service or proper service of process will ensure that the defendant has sufficient notice that he or she has been summoned and required to attend the court proceeding at specific date or else judgement in default of appearance will be imposed upon them. It will also save them from embrassment when finding out in the local newspapers that they have been served.

There are cases when the defendant refuses to accept the Summons.  He thinks if he doesn’t accept it, the case could not proceed.  Well, that’s a very foolish move.  Unless he wants to be infamous in the newspapers, or have the process server leave the Summons lying on the Premises for just anyone to pick-up, he should just accept service and decide whether he wants to dispute the claim or not. If not, he would be wiser to discuss for settlement with the Plaintiff. Nobody likes the litigation process,  we want the result – whether money, compensation, etc.

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