Life can be unpredictable and at some point you might find yourself in a position of not being able to pay back money you owe someone. Avoiding the issue and not coming up with a suitable arrangement could result in legal action against you. And this is where you are likely to encounter summons that can be confusing.
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About defending on own: It is well within your legal rights to defend oneself in the court. The court rules stipulate that you have 10 business days from the date one receives the summons to notify the Plaintiff that you plan to defend the case against you. The summons that you receive should contain a section called notice of intention to defend. Two copies of this notice are to be made and one copy is to be taken to the court mentioned in the summons to get it stamped and filed. The other copy is to be taken to the plaintiff’s attorney. It is advisable to have a word with your lawyer for advice and legal help.
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Get legal help from lawyer: After notifying the Plaintiff that you will defend yourself you will have to issue a plea and answer all the questions regarding the allegations made against you in the summons. The court rules dictate what a plea should contain and look like and only a lawyer will likely be familiar with these rules. A lawyer can help you draft a valid request and make sure that this is not dismissed. If the exact rules are not followed the plea gets rejected and the plaintiff will likely obtain a judgement against you.
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The post summon process: After filing your plea, you and the person taking you to the court will be entitled to demand discovery from each other. In short, discovery is when both parties notify each other about the documents they intend to use as evidence in the trial.
In the legal system, service of summons is the first document in the court process of South Africa. It is usually preceded by the lawyer’s letter known as a letter of demand and delivered by the Sheriff of court. Say for e.g. if you owe someone money and they want to take you to the court, you will eventually receive summon from the court. It is also important to know that the specifics of how, when and where a summons can be issued can differ slightly depending on which court is coming from be it High court or Magistrate. Things one should know and understand about receiving service of summons in South Africa:
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What summon does? Summon stipulates all the specifics of the case someone is insisting against you. A section of the summons or an attached document appropriately called – Particulars of the claim will summarize what the case is against you. Furthermore, the summon will indicate what court case will be heard in and what the case number is. Make sure that you are the defendant mentioned in the summons. If you have questions about summons you can approach the Sheriff of the court to clarify things or contact the Plaintiff’s lawyer for any added information.