Being served with a Court document, especially a Court Order, can be alarming, intimidating or even confusing. However, one must ensure that the steps taken upon receiving a Court Order are effective and protect your rights and interest.

We are here to provide you with a brief explanation on what you can or should do when you are being served with a Court Order.

 

What is a Court Order

A Court Order is basically a command or an instruction from the Court to another to do or refrain from doing a certain act.

 There a several types of Court Orders that one can receive which are as follows:

 

1. Judgment – which is an order from a Court to pay a certain sum of money that you are deemed to be owing to another;
2. Injunctive Order – which can be either to prohibit you from doing a certain act or requiring you to do a certain act;
3. A Winding Up Order – An order made a against a Company to be closed down;
4. Bankruptcy Order – An Order to make a person a bankrupt for failing to repay debts;
5. Committal Order – An Order to require a person to pay either fine or being committed to prison for failing/refusing to comply with a Court Order.

 

Identify the Court Order That You Are Served With

Given the current climate where fraudsters or scammers are lurking on every corner waiting for an opportunity to swindle your hard-earned money, you must first ensure that the Court document you are served with are in fact a legitimate document.

 

A Court Order would contain, among others, the following:

1. The Court in which the legal proceeding has been commenced e.g. Kuala Lumpur High Court/Sessions Court/Magistrates Court
2. The name of the parties which should include your name or your company’s name as the Defendant/Respondent (there are some instances where you are required to comply with the Order despite not being a party to the dispute)
3. The name of the Judge who made the Order
4. The date the Order was made
5. the sealed of the Court and the signature of the Registrar
6. A QR Code at the bottom left of the document which, once scanned, will take you to ecourtservices.kehakiman.gov.my portal which will verify the Court Order

 

Identify What the Court Order Requires Of You

Upon, receiving a Court Order and upon ascertaining the legitimacy of the document and the parties involved, you will need to ascertain:

1. what the Court Order is asking you to do or not do;
2. what is the deadline given for you to comply with the Court Order

 

Seek Legal Advice

You might face a situation where the Judgment or Court Order that you received:

1. was obtained without your knowledge;
2. should not have been made against you
3. requires you to do an act that is beyond your control
4. restrains you from doing a certain act which would cause you losses
5. cannot be complied with without causing you significant losses
6. cannot be complied with within the time limit given

 

Even if you disagree with the Court Order, ignoring or failing to comply with a Court Order might expose you to serious repercussions such as payment of fine or even imprisonment if you are found to be in contempt of Court.

Therefore, it is necessary for you to seek legal advice immediately.  A legal practitioner would be able to advise you regarding your rights and interests and what are the necessary steps to be taken to protect those rights and interest.

 Remember, it is not the end of the world. Stay calm and know your rights. However, immediate action in facing reality and seeking legal advice can eliminate unnecessary stress and costly exercise.