I am a civil servant. I was served with a Writ of Summons. What should I do?
• If the summons was not pertaining to your conducts or acts during the course of performing an official duty for the Department/the Government Agency/the Government of Malaysia, you have to get legal assistance from an advocate and solicitor from a legal firm or the Legal Aid Bureau; OR
• If the summons was pertaining to your conducts or acts during the course of performing an official duty, the summon shall be served on the Legal Officer of the Department or to the Head of Department as soon as possible so as to be referred to the Attorney General's Chambers.
Where can the cause papers against the Government be served?
In the action where the Federal Government has been named as one of the parties, all of the cause papers shall be addressed to and served on the “Attorney General's Chambers”. However, in the event where the State Government is named as one of the parties, all of the cause papers must be addressed to and served on the State Secretary's Office of the State Government concerned.
What are the consequences in the event where the debtor has failed to comply with the Order/Judgment?
The Order or Judgment by the Court must be complied with within the time period prescribed in the Order or Judgment. Failure to comply with the directions in the Order or Judgment can cause the commencement of legal actions against the debtor, such as bankruptcy proceedings, Writ of Seizure and Sale and Writ of Execution.
What are the conditions for the proposed installment payments to be allowed?
There is no specific condition. However, consideration would be given to several factors which includes the time period which the judgment is entered and the current income of the debtor. The proposed instalment of payment will then be referred to the Head of the Execution and Enforcement Unit, Civil Division, Attorney General's Chambers.
To whom and how does the instalment of payment be made if the debtor receive a Notice of Demand from the Attorney General's Chambers?
Payment shall be made to the Attorney General's Chambers by way of cheque/ bank draft/ money order in the name of “Attorney General's Chambers”.
In cases which involves scholarship and government loan, can payment be made by way of instalment?
The instalment of payment depends on several factors which is to be discussed with the debtor and the decision to allow such payment by way of instalment is subject to the amount of unpaid sum.
What are the documents and information required for the purpose of an application to be a Notary Public?
The application can be made by way of a letter addressed to Civil Division, Attorney General's Chambers.
1. The documents to be attached are:
• A copy of Identity Card; and
• A certified true copy of the Order of the High Court as to the admission as an Advocate and Solicitor, current Certificate of Practice and current Annual Certificate.
2. Such an application must state:
• The place where the applicant proposes to be appointed as a Notary Public;
• The particulars of the practice in the applicant's firm which indicates the need for a Notary Public;
• Whether there is any advocate and solicitor in the applicant's firm who has been appointed as a Notary Public;
• Whether the applicant is practicing as an advocate and solicitor in continuity or in scheduled;
• How long the applicant has been practicing as an advocate and solicitor; and
• How long the applicant has been practicing as an advocate and solicitor at the place or area where the applicant proposes to be appointed as a Notary Public;
Who is qualified to apply as a Notary Public?
• An individual who has experience practicing as an Advocate & Solicitor continuously for 15 years.
• The appointment by Attorney General is based on Section 3 of Notaries Public Act 1959
To whom should the claim as per Question 1 be addressed to?
All of the documents pertaining to the claim must be addressed to:
Head of Division Civil Division,
Attorney General's Chambers
No.45 Persiaran Perdana
Presint 4, Federal Government Administrative Centre
How do you bring a claim against the Government in cases which involves the public and Government vehicle?
Parties bringing the action must:-
• Produce a police report of the accident;
• Produce the information or copies of any document showing that the vehicle involved is a government vehicle;
• Produce copy of documents, vehicle registration card, insurance policy, adjuster's report, medical report (if any) and any other relevant documents; and
• Conduct a search at The Road Transport Department to confirm that the vehicle involved is a vehicle owned by the government.