AFTER settling his clothing account at the store, Bongani received notice that his account was in arrears.
Thinking the store had made a mistake, he ignored it.
He was surprised when a sheriff of the court showed up at his doorstep and served him with a summons.
But Bongani wasn’t worried because he was a Scorpion Legal Protection member, and knew he’d get legal help.
He contacted Scorpion to find out what he should do.
What does the law say?
In the South African legal system, a summons is the first step in the court process.
The person making the claim is the plaintiff and the person receiving the summons is the defendant.
The summons is issued at the magistrates or high courts and is served to the defendant by the sheriff of the court.
A summons doesn’t have to be served in person. In some cases, the sheriff may leave it at the defendant’s door or in the postbox, depending on the kind of matter it is, and this will still be a proper service.
What to do
You have 10 business days from the one you receive the summons on to let the plaintiff and the court know you want to defend the matter.
The notice to defend is served on the plaintiff and their attorney, and then to the court.
On the summons, there is a section you can complete to give notice.
If you don’t respond to a summons, the court can rule in favour of the plaintiff, which is known as “default judgment”.
The defendant will then have to provide a plea within 20 days.
The plea is your defence against what you’re being accused of.
An attorney should help you because if you don’t follow the rules of the court, the plaintiff can have your plea dismissed and get judgment against you.
What can Bongani do?
If he has paid his account in full, Bongani should send a notice to defend set under the magistrates court’s rules.
This should be done according to the court’s rules, but as Bongani is a Scorpion member, he’ll have help.
How can Scorpion help?
Depending on your chosen policy, Scorpion can have an attorney send the notice to defend and represent you in the magistrates court.
If you need legal assistance, join Scorpion Legal Protection
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