Summons is the first legal
document in the official court process in South Africa. The service of
summons is usually preceded by a letter of demand from an attorney.
Summons contain-
The summons contains all the
details of the parties, the court at which the matter has been referred, the
claim against the defendant, and a summary of the case.
How to defend yourself once you
receive a summons in South Africa?
The South African court rules
provide ten business days from the day of Service of Summons to
notify the plaintiff of their attorney that you need to defend yourself.
The person at this stage can
contact an attorney to seek legal help and advice regarding the claim against
you. A plea must be drafted, and the court rules are particular regarding what
should be contained. So it is always advisable to talk to a professional
attorney about the way forward after receiving a summons in South Africa.
One should never ignore the
summons received, as doing so means that the plaintiff can obtain the judgment
against you by default without any intervention.
Things to be done first when you
receive the service of summons
1. Check the document is a summons
and not any other legal document.
2. Take note of the date which is
served. Also, make a note of whom it was served and the court name.
3. Confirm the description of the
defendant defines you accurately.
4. If you are not accurately
described in the summons, if your address is incorrect, or if they were not
correctly served, you can refuse to accept it.
5. You must inform the sheriff that
the defendant described in the service of summons is not you or the address is
not yours.
6. If the sheriff insists on leaving
a copy, immediately contact the professional indemnity provider.
What is the next step?
1. Stay calm: There is a process to be followed by the plaintiff’s attorney, and a
period is granted for the defendant to respond. Take time, read through the
document, and contact a trustworthy attorney.
2. Process: The summons is served on you by the sheriff, placed in your post box, or
secured in a gate. Only in certain circumstances will the summons be served
personally; do not focus on that. Focus on addressing the matter with the
attorney and make arrangements or defend the case. You have ten days from the
summons service date at your address. The period of ten days starts from the
following day’s service of the summons document.
3. Pay the account: If you owe money, contact a debt collecting attorney’s office to make the
arrangements to pay instead of focussing on things like it was not served
correctly.
4. Settlement letter: Once you have settled your account, request a paid-up letter. This is to
ensure that you have in writing confirmation that no further steps will be proceeded
with in the matter.
Wrap up
Receiving summons can
be stressful and cause anxiety, but a good attorney in South Africa will help
you proceed hassle-free.