What do I do if I get a debt summons in South Africa?

After you have received your issued summons, the original and a copy for each debtor being sued must be delivered to the sheriff within the jurisdiction (area) of the debtor's address. The sheriff will serve the summons on the debtor as per the creditor / attorney's instructions.

What happens when you get a summons for debt South Africa?

The sheriff will serve the summons on the debtor, whereafter they have 10 days to respond on whether they intend to defend the matter. If the debtor fails to serve a notice of intention to defend within 10 days, an application for default judgment will be made.

How long can you legally be chased for a debt in South Africa?

A consumer has not made any payments/acknowledged the debt directly or indirectly for the time periods specified below: Personal loans, credit cards, retail accounts and vehicle loans: three years. Mortgage loans, debts by court orders and money owed to the South African Revenue Service (SARS): 30 years.

How do you respond to a summons?

Replying to a summons in writing requires you to sign and date your reply. You should keep a copy for yourself before mailing the original to the plaintiff (or the plaintiff's attorney) stated in the summons. You must also file your answer with the court.

What is a summons for debt?

Debt collectors will go to considerable lengths to collect large debts. If a debt collector sues you, you will be notified of the lawsuit via a summons, which will tell you why you are being sued, for how much and what date you must appear in court.

A legal way to avoid paying off your debt in South Africa according to South African Law.

How do I defend a summons in South Africa?

The summons that you received should contain a section called Notice of Intention to Defend. Make two copies of this Notice and take one copy to the court mentioned in the summons to get it stamped and filed, and take the other to the Plaintiff's attorneys. It's advisable to speak to a lawyer for advice and assistance.

Can I go to jail for debt in South Africa?

You cannot go to jail for not paying your debts when there is a judgment against you. You can, however, be liquidated, sequestrated, an emoluments attachment order placed on your salary or your assets attached.

What happens at a summons hearing?

At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summoned (subpoenaed) witnesses to appear at the Probable Cause Hearing .

What happens after you answer a summons and complaint?

Your Answer will go into the court's file. You have to keep one copy and send a copy of it to the attorney on the other side. The Clerk will then give you a date to come back to court or tell you that you will get a date in the mail.

How do you beat a debt collector in court?

Can I be jailed for debt?

You cannot be arrested or go to jail simply for being past-due on credit card debt or student loan debt, for instance. If you've failed to pay taxes or child support, however, you may have reason to be concerned.

What debt collectors Cannot do in South Africa?

A debt collector is not allowed to:

Use force or threaten to use force against you or your family. Physically threaten you or your family. Give, or threaten to give, information to the consumer's employer that may affect their opportunities as an employee. Serve any false legal documents.

What happens if you ignore a debt collector?

Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.

Does a summons expire in South Africa?

The Rules of Court no longer provide for a period until a summons will lapse. Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution.

What happens after a summons has been served?

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.

Can debt collectors take you to court South Africa?

If the debtor has no property (movable or immovable) to sell to settle the debt the creditor may proceed with a financial enquiry in court. This is known as a Section 65A (1) Notice for the debtor to appear in the relevant court together with all his/her financial documents as proof of all income and expenses.

What happens if the defendant doesn't respond to the complaint?

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

Does a summons have to be served in person?

When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.

How do you know if a case is filed against you?

Can summons be Cancelled?

Yes, the summons can be cancelled or quashed as appropriately required by law dependent on the facts of settlement and the terms and conditions determined therein between the parties. The legal procedure has to be followed for the same.

Why are summons issued?

Summons shall be issued by the Court in which the suit is pending before it for appearance of defendant and opportunity to answer the plaintiff's claim. Summons may be served within within 30 days from institution of suit. Every summons shall be signed by the presiding Judge or its officer with seal of the court.

What happens if a person does not appear when summoned?

Under no circumstance the person should avoid appearing before the Court, in the event if the person summoned fails to appear before the Court, the Court may hold the person in contempt and/or issue Warrant against such person.

What happens when you don't pay your debt in South Africa?

A judgement will state that you have not paid your debt and it will reflect on your credit record for 5 years. When a judgement is granted, a creditor can apply for a warrant where the sheriff can attach goods such as your furniture and sell these to pay your debt.

What should you not say to debt collectors?

What happens if I can't pay a judgement?

Most credit card debt is "unsecured," meaning it is not backed by property such as a home or car. But after a judgement ruling, the creditor can take steps to seize part of your salary, freeze your bank account, or even haul away your belongings.