Debt collection in Singapore

The debt collection process in Singapore

Below is a presentation of the international debt collection process in Singapore. Normally, the order is that when a claim against a debtor in Singapore arises (an invoice is due), payment reminders are sent to the debtor.

The matter is then escalated to a debt collection agency whose expertise is to get debtors in Singapore to pay. First and foremost, they try to get the debt paid without the need for costly legal action. In some situations, it may be necessary to proceed with legal debt collection in Singapore and take the matter to court. For those exceptional cases where a debtor is actually unable to pay due to insolvency, it may be appropriate to participate as a creditor in bankruptcy proceedings.

Amicable debt recovery in Singapore

So the first step in debt collection is to try to recover the debt at the out-of-court collection stage. This is done by contacting the debtor through available forms such as telephone, demand letter, email, and so on. The key to successful recovery at this stage is that the collection action is taken by a local debt collection agency that is on the ground in Singapore. A local agent in Singapore can easily proceed with legal action. This is a factor that makes the debtor much more cooperative. It is also important that the debt collection agency is well-versed in the corporate culture, the prevailing laws, etc, that exist in Singapore.

In the vast majority of cases in Singapore, action at this out-of-court debt collection stage is sufficient to get the debtor to pay. Years of experience in negotiation and pressure, and the fact that a debt collector in Singapore has the ability to threaten the debtor with legal action, mean that this phase is usually enough.

Judicial debt recovery in Singapore

Singapore’s legal system

Singapore is a republic. Executive power is vested primarily in the Cabinet, which consists of ministers headed by the Prime Minister of Singapore. Legislative power is held by the Parliament. Singapore’s legal system is based on common law and has its origins in English law (although the legal system has evolved considerably since independence in 1965). The sources of law in Singapore are:

• The Constitution
• Legislation (written laws passed by the Singapore Parliament)
• Subsidiary legislation (written legislation passed by ministers, government agencies, or statutory boards)
• Court precedents (legal rulings by the court that tell how to interpret certain legal issues)

Legislation is passed by Parliament, while the administration of justice is carried out by the Singapore judiciary.

The structure of the courts in Singapore

The judiciary consists of:

• the Supreme Court
• subordinate courts

The Supreme Court hears both civil and criminal cases and is divided into the Court of Appeal and the Supreme Court. The Court of Appeal hears appeals against decisions of the High Court in both civil and criminal matters and is therefore the last instance to hear a case. The High Court hears appeals against decisions of district courts and magistrates’ courts. Certain special proceedings, such as bankruptcy, are heard by the High Court and, in general, cases where the claim exceeds SGD 250,000. The subordinate courts consist of:

• District courts
• Magistrates’ courts
• Juvenile courts
• Coroners’ courts
• Small claims courts

In recent years, other courts, such as the family court, the night court, the community court, the syariah court, and the traffic court, have also been added to the subordinate courts.

Taking a claim to court!

Which court should you take your civil debt collection claim to when going to court in Singapore?

It depends on the amount of the unpaid debt.

• Civil cases with claims not exceeding SGD 60,000 are dealt with by the Magistrate’s Court.
• Civil cases with claims of more than SGD 60,000 but not more than SGD 250,000 are heard by the District Court.
• Civil cases with claims of more than SGD 250,000 are heard by the General Division of the High Court.
• Small Claims Tribunals hear claims up to USD 30,000. Small Claims Tribunals hear cases more quickly and cheaply than if the same dispute were to go to a civil court. This is an alternative forum for smaller claims. Claims cannot be more than two years old, and the parties are not represented by a lawyer in these proceedings.

Simplified procedure:

In some court cases, a simplified procedure is used, which is a little quicker, simpler, and cheaper than the ordinary procedure. This is in cases where there is a disagreement on the merits of the case, and where the dispute does not exceed SGD 60,000, and the dispute is therefore dealt with in the Magistrate’s Court. Also, the same type of cases can be handled as a simplified trial procedure even when the claim is of SGD 60,000-250,000 and is heard by the District Court, IF the parties agree to use a simplified procedure.

Judgment by default:

In some cases, it is also possible to obtain a default judgment. These are situations where a debtor fails to respond to and contest the summons. Then, under certain conditions, a judgment can then be issued “proving” the existence of the claim.

Insolvency proceedings

In some situations in the judicial debt collection process in Singapore, the debtor may not actually be able to pay all the debts it owes. Their financial situation is simply too bad. In these cases, insolvency proceedings may be appropriate. This may be:

– A liquidation procedure. This means that the debtor will be liquidated and will not continue to carry out any business activities. The liquidation process is carried out by collecting the company’s assets and realising them to pay the company’s debts. When a company is wound up, its assets and business are taken over by an official receiver.

– A restructuring procedure. Through judicial management and composition plans with creditors. A composition plan allows creditors to agree to waive all or part of their claims against the company or to reschedule their debts. This can be done without the help of the court, but to do so requires the unanimous consent of all the creditors concerned, which can be difficult to obtain. On the other hand, a court-approved composition scheme would allow a company to reach a compromise solution that is binding on all creditors without obtaining the unanimous consent of creditors.

Enforcement of claims in Singapore

As a final step in Singapore’s debt collection process, you may need to apply for the enforcement of your claim. This procedure comes into play when you have gone to court, obtained a judgment, but the debtor still does not pay. A creditor may then need to seek assistance from the Singapore authorities to enforce their claim and have the debtor’s assets transferred to them.

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