thank you!!! seeing one today!!!
thank you!!! seeing one today!!!
The first point to note is there is a difference between "not receiving a summons" and "failing to serve a summons".
In order to get the default judgement, the plaintiff will have proven service of summons. The question is - to where? And why?
The most common valid, legal reason for you not having received the summons is that you are no longer at your nominated (or apparent) domicilium citandi et executandi.
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Hi Vanash, I am new to this forum. Thank you for the PDF document. Should I send an annexure with my reasons why I am defending myself like ex: counter argument at this stage or not?
Hi Anita,
1. It depends whether you received a simple summons or a combined summons, with the simple summons, you serve and file the notice of intention to defend and then await the plaintiff's declaration. Once the declaration is served and filed on you, you then serve and file a plea
2. If it's combined summons, you have 20 days from the date on which you served and filed your notice of intention to defend to file your plea
Last edited by Citizen X; 19-May-16 at 08:32 AM.
“Ubuntu is the essence of being humane" Desmond Tutu
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Dave A (19-May-16)
Hi Angela,
A summons can be served at your place of residence, business or the address you nominated. The security guard in his/her capacity as guard of the residence is allowed to receive the summons and then hand it to the relevant resident, which he/she clearly did do. The security gaurd is employed at the residence of the defendant.
All process shall, subject to the provisions of this rule, be served upon the person affected thereby by delivery of a copy thereof in one or other of the following manners:
(a) To the said person personally or to his or her duly authorised agent: Provided that where such person is a minor or a person under legal disability, service shall be effected upon the guardian, tutor, curator or the like of such minor or person under disability;
(b) at the residence or place of business of the said person, guardian, tutor, curator or the like to some person apparently not less than 16 years of age and apparently residing or employed there: Provided that for the purpose of this paragraph, when a building, other than an hotel, boarding house, hostel or similar residential building, is occupied by more than one person or family, “residence” or “place of business” means that portion of the building occupied by the person upon whom service is to be effected;
(c) at the place of employment of the said person, guardian, tutor, curator or the like to some person apparently not less than 16 years of age and apparently in authority over him or her or, in the absence of such person in authority, to a person apparently not less than 16 years of age and apparently in charge at his or her place of employment;
(d) if the person so to be served has chosen a domicilium citandi, by delivering or leaving a copy thereof at the domicilium so chosen;
(e) in the case of a corporation or company, by delivering a copy to a responsible employee thereof at its registered office or its principal place of business within the court’s jurisdiction, or if there is no such employee willing to accept service, by affixing a copy to the main door of such office or place of business, or in any manner provided by law;
(f) if the plaintiff or his or her authorised agent has given instructions in writing to the sheriff to serve by registered post, the process shall be so served: Provided that a debt counsellor who makes a referral to court in terms of section 86(7)(c) or 86(8)(b) of the National Credit Act may cause the referral to be served by registered post or by hand.
(g) in the case of a Minister, Deputy Minister or Provincial Premier, in his or her official capacity, the State or provincial administration, at the Office of the State Attorney in Pretoria, or a branch of that Office which serves the area of jurisdiction of the court from which the process has been issued;
(h) to any agent or attorney who is duly authorised in writing to accept service on behalf of the person upon whom service is to be effected in any applicable manner prescribed in this rule;
(i) where a local authority or statutory body is to be served, on the town clerk or assistant town clerk or mayor of such local authority or the secretary or similar officer or member of the board or committee of such body, or in any manner provided by law; or
(j) where the person to be served with any document initiating application proceedings is already represented by an attorney of record such document may be served upon such attorney by the party initiating the proceedings:
Last edited by Citizen X; 23-May-16 at 10:51 AM.
“Ubuntu is the essence of being humane" Desmond Tutu
Spelling mistakes and/or typographical errors I found in leading publications.Click here
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Dave A (23-May-16)
Hi There,
I'm looking for a little advice.
I've just had a summons to appear in the Magistrate's court delivered to me at my workplace. (wasn't necessary to sign for it, however the sherriff delivering was very quick to tell me if I don't appear in court that he'll be back to arrest me...)
My ex-husband hasn't paid our eldest daughter's school fees and the summons is from the school to me for collection of this debt. According to the documents received it has already been to the 'landros' court where I 'failed to appear'. I have never received any summons for that appearance, nor any telephone calls, letters, no communications whatsoever. The copy of the proof of registered letters sent, were all sent to my ex's parent's postal address for his attention.
There's a notice that they want a list of all my assets/liabilities, income and expenses.
The agreement between us is that he is responsible for the school fees in full.
When I called to ask what on earth is going on now, he says 'yeah well, I don't have a job and the last I heard from the school was to make an arrangement with them and that the costs would be put on hold until I find a job.'
Now I get this summons, when I was completely unaware of the fact that he hadn't paid anything.
My current husband and our new baby are now being affected.
I don't own any assets, the car is in my husband's name end we are renting a cottage atm. My husband is obviously quite upset, as, if I understand correctly, being married in community of property, they are going to be looking at his assets too?
What can I do??
Is it a public or private school?
If it's a public school parents can be jointly and severably held accountable for the payment of school fees (despite any divorce agreement to the contrary), but there are certain requirements - see section 41 of the South African Schools Act, 1996 (Act No. 84 of 1996).
I have a staff member who ended up in exactly the same situation as you a few years ago. Based on her experience, it seems if you're earning above the exemption threshold you can squirm, but if your ex-spouse doesn't land a job anytime soon you're going to end up paying...
Last edited by Dave A; 05-Sep-16 at 01:18 PM.
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