What are Summons?
A summons is a legal document issued by a court or by an administrative agency of the government for various purposes.
How Long Are A Summons Valid In South Africa
If summons in an action be not served within 12 months of the date of its issue or, having been served, the plaintiff has not within that time after service taken further steps in the prosecution of the action, the summons shall lapse.”
What happens if you are issued a summons in South Africa?
The court rules provide you with 10 business days from the day you received the summons to notify the Plaintiff or their attorney that you intend to defend yourself. At this stage, you should contact an attorney to seek legal assistance and advice regarding the claim against you.
What is the duration of the summons?
The summons is served on the defendant. This appearance and answer (in the form of a Written Statement) must be made within 30 days from the date of service of summons (being duly received) and may be extended to further such period as may be granted by the court not beyond 90 days from such service.
What to do when you receive a summons to South Africa?
It is a criminal offense to avoid or ignore the summons served against you. If you do not reply to the summons within 10 days, the Plaintiff’s lawyers have probably submitted a request for a default judgment. It can take up to 3 months, so don’t think the matter has just disappeared.
How is a summons served in South Africa?
The plaintiff must serve the summons on the defendant, either in person or by registered mail, and file proof of service with the court.