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Many people do not know what a summons is and if they do they do now know the full extent of details for which it should hold.

 

There are two main types of Summons namely:

  1. A Combined Summons: this is mainly used where one is not suing on a liquidated demand or debt; and
  2. A Simple Summons: this is used when one is suing another based on a liquidated debt.

It is important to note that certain things MUST be on the summons for same to be valid, same would include:

  • Where the Plaintiff is represented by an attorney the attorneys address and contact details must be listed on the summons (this is the same if the Plaintiff is representing him/herself).
  • The Plaintiff and/ or his representative must be within 15km of the court out of which they are suing out of.
  • The Summons must be signed by the Plaintiff/ his attorney as well as the clerk of the court who will allocate a stamp that must bear the address and name of the court and the date which the case number was allocated to the summons.
  • The Summons must include a Notice of Intention to Defend and a Consent to Judgment (unless it is a divorce than a consent to judgment is not needed).
  • The Jurisdiction of the court must be mentioned and explained in the summons as to why the court has the rights to hear this matter.
  • There must be a proper statement of facts and a proper relief sought within the summons including the prayer of interest.

Contact us today to assist you in reclaiming money back or issuing a summons on 0310030630 or email us on Jessica@schwenninc.co.za