Thursday, 28 April 2016

How to file a claim against your neighbor with Community Dispute Resolution Tribunal (CDRT)


How to file a claim against your neighbor with Community Dispute Resolution Tribunal (CDRT)

 CDRT will only consider cases that happens or continue on and after 1st Oct 2015

 There is NO ONLINE filing

 To fill up the CDRT Claim form in advance
https://www.statecourts.gov.sg/CDRT/Pages/Forms.aspx
Click on Form 28
or https://www.statecourts.gov.sg/ -> Filing a claim against your neighbor -> Forms -> Form 28

 Filing a Claim in the CDRT - Step by step Procedure
1. Gather all your evidence and past attempt in both hard copy and soft copy (Thumb drive)
2. Go to the State Court personally to talk to the officer over there to get advice and weigh the credibility of the case
Addr: No.1 Havelock Square, Level 1 (Community Justice Tribunal Division - CJTD)
State Court  of Singapore contact number: 1800-5878423
Mon to Fri Morning: 9am to 11:30am
Mon to Thur Afternoon: 2pm to 4pm
Fri Afternoon: 2pm to 3:30pm

Step 1:
Consider whether your neighbour has interfered with your enjoyment or use of your place of residence according to the CDRA.
Step 2:
Gather the necessary evidence to support your case.
Step 3:
File a Claim, together with the supporting evidence, at the Community Justice and Tribunals Division (CJTD), located at Level 1 of the State Courts of Singapore.
Things to bring: 
  1. Your National Registration Identity Card (for Singapore citizen/ Permanent Resident)
  2. Your Passport and Employment Pass (for foreign citizen)
  3. Three (3) original sets of the Claim
  4. One (1) original set and two (2) duplicate sets of the supporting evidence
  5. Filing fees 
For the purpose of the proceedings, you will be known as the Plaintiff and your neighbour will be known as the Respondent.
Step 4:
At the time of filing, the CDRT will issue a Notice of Pre-Trial Conference to the Plaintiff and the Respondent to attend a Pre-Trial Conference at the CDRT on a specified date and at a specified time.
Step 5:
Within 14 calendar days after the Claim is filed at the CJTD, the Plaintiff must serve one (1) set of the Claim and one (1) set of the supporting evidence on the Respondent.
E.g. If the Plaintiff files the Claim on 1 July 2015, the Plaintiff must serve one (1) set of the Claim and one (1) set of the supporting evidence on the Respondent by 15 July 2015 at the latest.
If the last day of the period is a Sunday or a Public Holiday, the period will include the next working day.
Step 6:
Before the date and time fixed for the Pre-Trial Conference at the CDRT, the Plaintiff must file a Declaration of Service at the CJTD.
Step 7:
If the Respondent intends to object to or contest the Claim, the Respondent has 14 calendar days after being served with the Claim and the supporting evidence to file his Reply, together with the supporting evidence, at the CJTD.
Things to bring:
  1. National Registration Identity Card (for Singapore citizen/ Permanent Resident)
  2. Passport and Employment Pass (for foreign citizen)
  3. Three (3) original sets of the Reply
  4. One (1) original set and two (2) duplicate sets of the supporting evidence
  5. Filing fees
E.g. If the Respondent receives the Claim and the supporting evidence from the Plaintiff on 1 July 2015, the Respondent must file his Reply, together with the supporting evidence, by 15 July 2015 at the latest.
If the last day of the period is a Sunday or a Public Holiday, the period will include the next working day.
Step 8:
Within the same 14-day period, the Respondent must serve one (1) set of the Reply and one (1) set of the supporting evidence on the Plaintiff.
Step 9:
The Plaintiff and the Respondent must attend the Pre-Trial Conference at the CDRT on the specified date and the specified time.
Things to bring:
  1. National Registration Identity Card (for Singapore citizen/ Permanent Resident)
  2. Passport and Employment Pass (for foreign citizen)
  3. One (1) set of the Claim, Reply and supporting evidence
The CDRT judge can make the following orders during a Pre-Trial Conference:
  1. Order the Plaintiff and the Respondent to attend mediation
  2. Order the Plaintiff and/or the Respondent to attend counselling
  3. Schedule another Pre-Trial Conference
  4. Fix the case for hearing
Step 10:
Where the CDRT judge has fixed the case for hearing, the CDRT will issue a Notice of Hearing to the Plaintiff and the Respondent to attend the hearing at the CDRT on a specified date and at a specified time.
Step 11:
The Plaintiff and the Respondent must attend the hearing at the CDRT on the specified date and at the specified time.
Things to bring:
  1. National Registration Identity Card (for Singapore citizen/ Permanent Resident)
  2. Passport and Employment Pass (for foreign citizen)
  3. One (1) set of the Claim, Reply and supporting evidence 
If the CDRT judge decides to make a Court Order, the CDRT will prepare the Court Order immediately after the hearing. The Plaintiff will extract the Court Order and serve it on the Respondent according to the directions that the CDRT judge has given.
Filing a Claim in the CDRT
https://www.statecourts.gov.sg/CDRT/Pages/Filing-a-Claim-in-the-CDRT.aspx
or https://www.statecourts.gov.sg/ -> Filing a claim against your neighbor -> Filing a claim in the CDRT

How to apply to CDRT Order
https://www.mccy.gov.sg/~/media/MCCY-corp/Newsroom/Press-Releases/2015/Annex_B_Infosheet_on_CDRT.ashx
















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