Small Claims Tribunals

The Small Claims Tribunal's main objective is to provide a speedy, low-cost forum for the resolution of disputes arising from small claims. All disputes are first mediated and adjudication is carried out only when mediation fails.

Q: Where are the Small Claims Tribunal offices?

The Small Claims Tribunal Offices can be found at the following addresses.

Q: What are Small Claims Courts?

Small Claims Court are especially designed to handle disputes between individuals, or an individual making a claim against a business, where the amount of money involved is relatively "small".

Small Claims courts typically can hear disputes that involve amounts not exceeding $10,000.00. This limit can be raised to $20,000.00 if both parties consent in writing.

The claim must also be made within one year from the date when the cause of action accrued.

Q: Is it complicated to bring a case to Small Claims Court?

Although the process is quite simplified, it could be quite complicated for someone who is unfamiliar with the system or procedure.

We hope that we can make it easier for you after you have read through this section.

Q: What kind of cases do Small Claims Courts hear?

They only hear disputes arising from any contract for the sale of goods, the provisions of services or from damage caused to property (except those caused by a motor vehicle). However, the claim limit of $10,000.00 still applies.

Q: What are some factors to consider before filing a claim?

1. There is a limited amount of damages available if you put your claim through the Small Claims Tribunal. So even though there is a possibility to claim more than the statutory limit, you cannot get the full sum supposedly yours due to the ceiling set for amount claimable. For example, if your claim is $11,000.00 but you do not wish to bring this matter up to court as a suit, the amount claimable from Small Claims would be $10,000.00 (ie. ceiling). You would have forfeited your right to claim the $1,000.00.
2. There are limited rights to appeal in a Small Claims matter.
3. The Small Claims Courts also cannot award punitive damages. Damages are normally awarded to compensate you for your loss. Punitive damages are awarded to punish to wrongdoer.
4. Small Claims decisions are rarely useful as "precedent" in other cases involving the same issue or the same party.

Q: Do you need to see a lawyer?

It always makes sense to consult with a lawyer before you bring the case to the Small Claims Court.

Firstly, there is always a possibility of a counter-claim. This means that it is possible for the person you are suing to sue you back! Therefore you might want to consult your lawyer to discuss and understand all of your rights.

If you have a legitimate and valid claim, a letter - known as "Letter of Demand" - may help to solve the problem without bringing it to court. This letter shows that you are serious about the claim and get the other side to act. Often it can produce results that you may never get in court, and can save you a great deal of time and anguish.

Q: So I still want to file a claim. How do I do that?

You can lodge a claim by 3 ways:

1. Personally at the Tribunals
2. By fax, where lodgment fees must be paid within 7 days from transmission date, failing which the claim will be withdrawn; or
3. By electronic lodgment where payment of fees applies as for fax.

To lodge the claim, you have to file the appropriate forms and pay a lodgment fee of $10/-. The forms are available free of charge from the Registry. (or from our Portal).

All relevant details and relevant documents such as invoices, bills, delivery orders, dishonoured cheques, must be stated in your claim.

You must bring your identity card when lodging your claim personally.

If the claim is against a company or a firm, you are also required to bring along the extract particulars of the company/firm obtainable from the Registry of Companies and Businesses.

Note that no lawyer or agent is allowed to represent any party in claims before a Small Claims Tribunal.

Q: What happens after I have filed a claim in the Small Claims Court?

After a claim is filed, the Registry will arrange for a Consultation within 7 days of the lodgement, with both parties. The Registrar will try to settle the matter amicably. If he/she is unable to do so, a hearing date will be fixed and the case will be heard by a Referee.

Q: What happens if the one party does not turn up at the Consultation?

The Registrar may give judgment against parties who are absent at the Consultation.

Q: Is there a difference if I am suing for my company?

If the party is a company or partnership, it must be represented by an authorised representative who should be a director, managing director or managing partner and he/she must have the authority to settle the claim with the other party if solutions are proposed.

Q: How do I present evidence? Can I bring witnesses to the Consultation?

Witnesses may be brought to the Consultations if they are able to give relevant details of the claims for the purpose of settlement.

Q: What happens at the Hearing?

The referee is either a Magistrate or a District Judge of the Subordinate Courts. At the Hearing, the Referee will first try to help parties achieve an amicable settlement. If a settlement is reached, the Referee will record a Consent Order, If not, the Referee will proceed to adjudicate the claim according to the merits of the case in law.

The Referee will hear the arguments of both parties, examine witnesses and call for the production of relevant documents. Parties must bring ALL the evidence that they wish to rely upon to support their case. This can be documents, witnesses, exhibits etc. At the conclusion of the Hearing, the Referee will make an Order of Tribunal, which is final and binding.

Q: How do I admit to a claim?

If you wish to admit a claim or the counterclaim against you without attending the Consultation, you may do so by either telephone or in writing. However, you must admit the whole of the claim that is stated on the claim form unequivocally. The matter would then be concluded without a hearing, and an Order of tribunal will be issued.

The Order will provide for the claim amount to be paid within 7 days. Please note that if you wish to pay by installments, you are required to attend the Consultation to make your application in person.

Q: What happens if I win?

You have to collect your award. While a losing defendant may voluntarily pay up, most of them will not! There are complicated processes that a winning party must go through to collect a judgment.

Q: What happens if I lose?