Evasion Affidavit Template for Singapore

An Evasion Affidavit is a sworn statement that you file when someone deliberately avoids receiving legal documents in Singapore. This document serves as formal evidence to the court that a party is intentionally evading service of legal papers, allowing you to request alternative methods of service or to proceed with your case despite unsuccessful service attempts.

When do you need this document?

You need an Evasion Affidavit when traditional service methods have failed due to the other party's deliberate avoidance. This typically occurs when serving summons, writs, or other court documents where the recipient refuses to answer doors, provides false addresses, or actively hides from process servers. The affidavit is essential when seeking court permission for substituted service methods such as newspaper publication, email service, or leaving documents at the last known address. You may also need this document when applying to proceed with default judgment despite unsuccessful service attempts, particularly in debt recovery cases where debtors deliberately evade creditors.

Key legal considerations

Your Evasion Affidavit must include comprehensive details of all service attempts, including specific dates, times, locations, and methods used. You need to provide evidence supporting your claim of deliberate evasion, such as observations of the person avoiding service, witness statements, or photographic evidence. The document must clearly identify all parties involved and reference the specific legal proceedings. Under Singapore law, the affidavit must be sworn before a Commissioner for Oaths and include a statement of truth declaring that the contents are accurate to your best knowledge. Any false statements in the affidavit constitute perjury and can result in serious legal consequences including imprisonment.

Legal requirements in Singapore

The Evasion Affidavit must comply with the Oaths and Declarations Act Chapter 211 and the Rules of Court 2021. The document requires proper identification of the declarant including full legal name, NRIC or passport number, and current address. You must provide a detailed chronological account of all service attempts with supporting evidence where available. The affidavit must be properly commissioned by an authorised Commissioner for Oaths, and you must pay the prescribed fees. Under the Evidence Act Chapter 97, the court will consider the affidavit as evidence, but you may need to provide additional supporting documentation. The State Courts Act Chapter 321 governs the jurisdiction and procedural requirements for filing the affidavit, and you must ensure compliance with all relevant practice directions and court rules.