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Debtors Act 1934 PART 2 — ARREST BEFORE JUDGMENT

s 13–s 16 · 4 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Where defendant may be required to furnish security for appearance

s 13

13.—(1) If at any stage of any action, other than an action for the possession of immovable property, against a defendant who carries on business or ordinarily resides within the jurisdiction, the claimant satisfies the court or a judge by evidence upon oath that he has a good cause of action against the defendant, and that the defendant, with intent to prejudice the claimant, or to avoid any process of the court, or to obstruct or delay the enforcement of any judgment that may be made against him —(a) has absconded or left Singapore; (b) is about to abscond or leave Singapore; or (c) has disposed of or removed from Singapore his property or any part thereof, the court or judge may issue an order to arrest the defendant and bring him before the court or a judge to show cause why he should not furnish security for his appearance: Provided that the defendant shall not be arrested if he pays to the officer entrusted with the enforcement of the order any sum specified in the order as sufficient to satisfy the claimant’s claim. Such sum shall be held in deposit by the court until the action is disposed of or until further order. [Act 25 of 2021 wef 01/04/2022] (2) Where the defendant fails to show such cause, the court or judge shall order him either to deposit in court money or other property sufficient to answer the claim against him or to furnish security for his appearance at any time when called upon while the action is pending and until satisfaction of any order that may be made against him in the action, or shall make such order as it thinks fit with regard to the sum which may have been paid by the defendant under the proviso to subsection (1). (3) Every surety for the appearance of a defendant shall bind himself to pay, in default of such appearance, any sum of money which the defendant may be ordered to pay in the action.

Procedure on application by surety to be discharged

s 14

14.—(1) A surety for the appearance of a defendant may at any time apply to the court or a judge to be discharged from his obligation and on such application the court or judge shall summon the defendant to appear, or may issue an order for his arrest. (2) On the appearance of a defendant pursuant to any such summons or order, the court or judge shall discharge the surety from his obligation and call upon the defendant to furnish fresh security.

Procedure where defendant fails to furnish security or find fresh security

s 15

15.—(1) Where the defendant fails to comply with any order under section 13 or 14, the court or a judge may order that he be detained in the civil prison until the decision of the action. (2) No person shall be detained in prison under this section —(a) in any case for a period longer than 6 weeks; or (b) after he has complied with such order.

Application by defendant

s 16

16. A defendant may, at any time after his arrest, apply to the court or a judge to rescind or vary the order made thereunder, or discharge him from custody, and the court or judge may make such order as is just.

Back to Debtors Act 1934 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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