Delivering the summons
The summons may be served after it has been issued by the court clerk or registrar. The sheriff is responsible for serving court papers. In actuality, the lawyer presents the sheriff with the original summons, any annexures, and one copy for each defendant (or as many copies as there are defendants). The paperwork will be given to the defendant by the sheriff. There are specific service types that are allowed by law. The following general definitions apply to document service:
The particular sheriff designated to oversee that particular jurisdiction must carry out service.
The provision of service is not permitted on Sundays or public holidays (with some exceptions).
Service must be effected without undue delay.
Anyone who prevents the sheriff from performing his duty is breaking the law.
When the Sheriff arrives at the defendant’s home, he gives him a copy of the process and is obligated to show him the original and explain what it means. On the reverse page of the procedure, the defendant will frequently sign to confirm receipt of it. After then, the Sheriff must provide the lawyer with a return of service (if he wins) or a return of non-service (if he is unsuccessful).
What exactly is written in the summons?
A summons essentially outlines all the details of the case someone is bringing against you (the Plaintiff) (the Defendant). The particulars of the claim will be outlined in a section of the summons or in a document that is attached and is suitably titled “The Particulars of the Claim.”
The summons will also state the case number and the court where the case will be heard. Make sure the summons refers to you as the defendant.
You can ask the court’s sheriff for clarification regarding the summons or get in touch with the plaintiff’s attorneys for more information if you have any additional queries.
Never disregard a summons!
Avoiding or ignoring the summons issued against you is against the law. In the event that you fail to respond to the summons within ten days, the plaintiff’s attorneys have presumably requested a default judgment. Don’t assume the issue has resolved itself overnight because it could take up to three months.
It is always advisable to have legal counsel on your side in any legal case. The committed legal staff at LAW FOR ALL will support and stand up for you when you need it. Visit our reasonably priced policies for more details.
Can a summons be delivered through email in South Africa?
Email, SMS, and phone calls are the three most popular ways for a court to summon individuals from another court. Typically, emailing or faxing are involved. While some choose to do both, the majority of those involved in a case don’t choose email.
Without a lawyer, how do you respond to a summons?
Take the clerk’s office your written response.
Bring your originals and at least two copies if you choose to file your answer in person at the clerk’s office. The clerk will take your papers and date-stamp every set of papers that are “filed” after they are taken. The copies will then be returned to you by them.
