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A summons is the first process for a legal claim where a Plaintiff has instituted an action against a Defendant.
Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff.
If you fail to respond, the Plaintiff can apply for default judgment to be entered in their favour. It is best to consult an attorney if you receive a summons.
There are prescribed formats for a summons and what should appear on the face thereof.
This generally includes:
The summons will also have a Particulars of Claim/Material Statement of Facts attached which sets out the facts, claim and relief sought.
Our attorneys in Cape Town specialise in civil litigation in the Magistrate’s, High-, and Regional Courts. If a summons has been issued against, it is highly recommended that you contact an attorney. Qualified, professional legal advice can save save you time and money, and may help you avoid going to court.
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