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JP
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Category: South Africa Law
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Experience:  General South African Law.
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I received combined summons and wish to file a Notice of Intention

Resolved Question:

I received combined summons and wish to file a Notice of Intention to Defend. There is provision in the Summons for me to sign and date the Notice. What do I do?
Submitted: 7 years ago.
Category: South Africa Law
Expert:  JP replied 7 years ago.

Good day Sir

 

The words on the front of the summons probably looks like this:

 

You are hereby summoned that you do within ten (10) days of the service of this summons deliver or cause to be delivered to the Clerk of the aforesaid Court and also the Plaintiff or his Attorney, at the address specified herein, a notice in writing of your intention to defend this action and answer the claim of

 

On the back of the summons it probably looks like this

 

*(vii) Notice of Intention to Defend:

 

To the Clerk of the Court.

Kindly take notice that the defendant hereby notifies his intention to defend this action.

Dated at this day of 20

Address

Defendant

Postal address:

(Give full address for acceptance of service of process or documents within eight kilometres from the Court House and also postal address)

 

*NOTE - The original notice must be filed of record with the Clerk of the Court and a copy thereof served on the plaintiff or his attorney.

 

My Advice:

 

Take the original summons to the clerk of the civil court at the magistrates office who issued same. The clerk will assist you in entering your appearance to defend. Remember to take a copy to the attorneys who issued summons.

 

I would rather advice you to instruct your attorney do help you with the whole process as you are not an expert in this field.

 

Remeber you only have the days as stipulated in the summons to enter the appearance to defend otherwise they will obtain default judgment against you as i said rather instruct an attorney.

 

 

This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

 

Thank you for your question and if you feel that I have been of assistance kindly accept my answer.

If you feel that this answer exceeded your expectations feel free to award a bonus.

 

Kind Regards

 

JP

Attorney

JP and other South Africa Law Specialists are ready to help you
Customer: replied 7 years ago.
The front of the summons does have the words you mention, but the back does not have, so I have nowhere to fill in those details, hence my original question as to what do I do in this case. The plaintiff's attorney says I can go log a query with the plaintiff (as there are disputable facts in the claim) and give them (the attorneys) the reference number so they won't proceed with the summons. I have done this, but am afraid that if I don't file Notice of Intention to Defend they will be at liberty to get a default judgement. I hope we would have resolved the factual issues before going to court though.
Expert:  JP replied 7 years ago.

If this is the case you have two options:

 

1.Request the clerck of the court to assist you with the notice of intention to defend.

 

2.Follow my advice and instruct an attorney asap to do it on your behalf.

JP and other South Africa Law Specialists are ready to help you