HOW TO DEFEND YOURSELF ONCE YOU RECEIVE 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.