Process of service of summons in South Africa

 What is the service of summons?

Service of a summons is an official demand to appear in a court of law. The court can issue summons personally to the defendant or their agent, through courier service, by the plaintiff, or by substituted service.

The main aim of the service of summons is to provide information to the defendant that a suit has been filed against him.

Service of a summons in South Africa 

Here is what you need to do when you receive a summons in South Africa.

1.        What does it contain? Summons showcases all the specifics of the case someone is instituting against you. Summons will indicate what court the case will be heard in and what the case number is. Ensure you are a defendant in summon. If you have more questions about the summons, you can approach the Sheriff of the court to clarify things or contact the plaintiff's lawyer for more information.

 

2.        How to defend yourself: It is well within the legal rights to defend yourself in court. The summons you receive should contain a notice of intention to defend. The court rules stipulate that you have ten business days from the date you received the summons to notify the plaintiff. These days you can plan to defend the case against you.

3.        Speak to a lawyer. Get legal aid: After notifying the plaintiff, you will defend yourself and issue a plea answering all the questions regarding the allegations made against you in the summons. A professional lawyer will help you in giving your appeal. The lawyers understand what a plea should contain and look like, and only they will be familiar with the rules. They will draft a valid request and ensure that it is not dismissed. If you do not follow the exact rules and your plea gets rejected, the plaintiff will likely obtain a judgment against you.

4.        The post-summon process: After filing the plea, you and the person filing the summon will be entitled to demand discovery from each other. It is the process when both parties notify each other about what documents they intend to use as evidence in the trial. The court will review the discovery documents and decide that you have a strong defence; the case will go to trial.

5.        Never ignore summons: Ignoring summons is a criminal offence. Summons are to be replied to within ten days from the date of receipt, or else the plaintiff's lawyer has probably submitted a request for a default judgment. 

Wrap up

If you have received summon, it is always best to have a legal expert in your corner. The expert lawyers will help and represent you in your time of need.