Skip to main content

What to do when you receive a summons in South Africa?

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.

Summons contain

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.


Popular posts from this blog

Getting A Much Needed Local Math Tutor

When your kid comes in from school with a frown on their face and in a bad mood from math class, it may feel like you can’t help them. School can be difficult for kids, and when you add additional struggle in there, it can make it feel unbearable.  As a parent, there’s no doubt that it’s also difficult to see your child struggling with math. This being said, there are so many ways to help your children! From figuring out ways to teach your child math to find them the right person from your math tutor , there are so many options.  Here are some warning signs that your child is struggling with math:  - Their grades are dropping either just in math class or with other subjects as well - They have a bad attitude towards school or towards math - School has started giving them anxiety  - They are struggling with either starting or finishing their math homework at home, or put their homework off entirely.  - They are struggling with day-to-day math, like checking the time or doubling a recipe

Freight Transportation Services- Delivering Goods safely and timely

  Freight transportation services is the process of transporting commodities and merchandise goods. The person engaging in this work is called the freight carrier. Freight transportation services offer the safest, quickest and cost-effective movement of the goods within the country and across borders. Today, many importers and exporters rely on freight transporters for safe and time shipping of their goods. Importance of freight transportation services Freight forwarding firms are middlemen between firm and the transport industry. They suggest the ideal and the safest solutions to simplify the shipping process. Know the benefit of working with good freight transportation services 1.        Accurate and timely documentation: Custom clearance is required for export or import of goods from across the boundaries of the country. There is a shipment documentation to be done to ensure custom clearance. The procedure for the same is complex and many importers and exporters are not aware of th

How to apply for DPCC online?

DPCC online application   is to be made with the DPCC committee. It is a kind of no-objection certificate that the government issues to ensure that the existing business or new business model does not harm the environment. The main aim of the DPCC license is to protect the environment from pollution and make the environment clean and healthy. DPCC is formed to control the pollution in Delhi, NCR.                 Documents for obtaining a DPCC certificate   1.         Pan card 2.         Aadhar card with the registered mobile number 3.         CA certificate 4.         Latest electricity bill 5.         Site and location plan of the business entity 6.         Other documents of land that include a Registration deed, rent deed, jamabandi, and lease deed showcasing property details 7.         Partnership deed, resolution of the board of directors, memorandum of an article of association, proprietor certificate 8.         MCD license for restaurants 9.         The m