Received a Summons and have no idea what to do? Well take a look at this article for guidance on the procedure to be followed.

1. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
ADDRESS: 231 RONDEBULT ROAD, FARRAR PARK, BOKSBURG, 1459
POSTAL ADDRESS: SUITE 71, PRIVATE BAG X3, ATLASVILLE, 1465
TELEPHONE: (010) 100 3481/2
FAX: 086 762 4118
EMAIL: info@schwartzattorneys.co.za
THE PROCEDURE ONCE YOU HAVE RECEIVED A SUMMONS
Natasha Schwartz (Schwartz Attorneys Incorporated) explains:
The reality in today’s times is that at some point you or your company might
find yourself tangled up in litigation over anything ranging from failure to
perform in terms of a contract; for money due and owing to a creditor; or
for a motor vehicle collision allegedly caused by your negligent conduct
or even the negligence of an employee.
The Law is a vast field and it is impossible to provide clarity on the substance of
each claim. We would like to assist by providing insight and understanding of the
procedure that is followed as this is prescribed by the Magistrate’s Court Act1
and the Rules
of Court2
.
Litigation can be unbelievably stressful for the litigants involved but we believe that if the procedure to be
followed is at least clear, this might assist in reducing the stress of the experience.
THE SUMMONS
That scary document that you received from the Sheriff of the Court is either termed a Simple Summons or
a Combined Summons. The differences between a Simple Summons and a Combined Summons are
summarised below:
SIMPLE SUMMONS COMBINED SUMMONS
Cause of Action (reason for the suit) is set
out on the face of the document and is
usually a very brief summary of what
transpired between the parties; what gave
rise to the claim; and the relief claimed by
the Plaintiff.
Cause of Action is set out on an Annexure
titled “Particulars of Claim” and the reasons
giving rise to the claim is set out in full detail
and the relief claimed by the Plaintiff.
Usually between 2-4 pages. Usually between 5- 8 pages.
Used when the cause of action is based on a
debt or liquidated amount and cannot be
used for any other cause of action3
.
Must be used when the claim and/or cause
of action is not based on a debt or liquidated
amount4
.
1
The Magistrates’ Court Act 32 of 1944
2
Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa;
3
Rule 5 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa
4
Rule 5 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa

2. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
Example: Services rendered and the invoice
for the services have not been paid to the
service provider or money lent and
advanced.
Example: Divorce; motor vehicle collisions
and breach of contract.
For purposes of this article we will look at a Combined Summons and the procedure to follow if you
have received a Combined Summons.
SO YOU HAVE RECEIVED A COMBINED SUMMONS- WHAT NOW?
The first thing that you must do is read the document and determine whether you dispute the claim, or
whether you agree with the claim and that you are liable to the Plaintiff for the relief sought.
It is important to make sure that the claim has not prescribed before consenting to Judgment or making a
payment. Most claims prescribe after 3 years from the date of the cause of action unless an
acknowledgement of debt or payment was made that broke prescription and caused the period of
prescription to run again. There are exceptions to this and such exceptions can be found in the Prescription
Act5
.
In the event of you receiving a Summon where the cause of action arises from the National Credit Act6
it is
a prerequisite that the Creditor send you a Section 1297
Notice before the Creditor can issue Summons
against you. A Section 129 Notice is a written notice where the Creditor informs you that you have
defaulted in terms of the Credit Agreement and that you may refer the credit agreement to a debt
counsellor, alternative dispute resolution agent, consumer court or the ombud with jurisdiction8
. In terms of
the Notice you are afforded an opportunity of responding thereto within 10 working days and should you fail
to pay the arrear amount within 20 working days then the Creditor may proceed with legal action.
a. I am liable to the Plaintiff for the relief sought 
1. In the Summons you may complete the “Consent to Judgment”9
form in the Summons (usually page
4) and have two witnesses sign;
o Remember you will be liable for costs incurred by Plaintiff to date including Attorney Costs
which is usually set out in the Summons on a Cost Table;
o The Plaintiff will be entitled to Apply to the Court for Judgment against you (please refer to
the paragraph headed “Consequences of a Judgment);
o You will be liable for interest accrued to date of final payment;
o You must send the form to the Plaintiff and/or the Plaintiff’s Attorney and lodge the form at
the Clerk of the Court.
5
68 of 1969, a copy of which can be downloaded from free at the following website
http://www.saflii.org/za/legis/hist_act/pa68o1969190/pa68o1969a7a1992310.html
6
34 of 2005
7
Of the National Credit Act 34 of 2005
8
Section 129 of the National Credit Act 34 of 2005
9
Rule 11 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa

3. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
2. The benefit of this is that costs and interest are usually kept to a minimum.
b. I am liable to the Plaintiff but not for the relief sought 
1. Perhaps the Plaintiff has asked the Honourable Court to grant him/her/it R 50 000.00 but you
only owe the Plaintiff R 10 000.00.
2. You may follow one of the following options:
c. I am not liable to the Plaintiff for the relief sought 
1. You must serve and file a Notice of Intention to Defend within 10 working days after receiving the
Summons
o There is a Notice of Intention to Defend form included in the Summons (usually page 4);
o You may draft your own Notice to Defend.
2. Ensure that the Plaintiff receives a copy and that they acknowledge receipt thereof and take a copy
together with the acknowledgement to the Clerk of the Court where the Summons was issued.
But I cannot afford to pay the full
amount at once?
Contact the Attorney or the Plaintiff and
try and make an arrangement with
them to pay the amount off over a
period of time in a set
amount/instalment.
Note: Interest and costs will continue to
be levied unless otherwise agreed.
I can pay but I don’t want a Judgment against my
name?
Contact the Attorney or the Plaintiff and make an
arrangement with them that you will pay the amount
agreed provided they do not obtain Judgment.
Do NOT complete the consent to Judgment form!
1. Complete the consent to
Judgment for the amount
you believe you owe the
Plaintiff; and
2. Serve and file your Notice
of Intention to Defend for
the balance
3. Should the Court find that
you are liable for any
balance, the Court may
order that you are
responsible for all costs
incurred by the Plaintiff.
1. Contact the Plaintiff or the
Plaintiff’s Attorney and
attempt to negotiate;
2. Serve and file your Notice
of Intention to Defend to
safeguard yourself against
a Judgment being entered
against your name until
negotiations have been
finalised.
1. Serve and file your Notice
of Intention to Defend
and Plea as to why you do
not owe the Plaintiff.
2. Should the Court find that
you are liable for any
amount owing to the
Plaintiff, the Court may
order that you are
responsible for all costs
incurred by the Plaintiff
and this option is not
recommended.

4. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
o Make yourself a copy and ask the Clerk to stamp your copy to confirm that it was received
by Court.
3. The litigation process has now begun and you are required to serve and file your Plea within 20
working days where you set out your defence to the claim.
CONSEQUENCES OF A JUDGMENT
If you (amongst other things):
1. Fail to deliver a Notice of Intention to Defend within the prescribed time; or
2. You consent to Judgment
The Plaintiff will ask the Honourable Court to grant Default Judgment10
against you. If granted it will reflect
on the Court file for a period of 30 years and will reflect on Transunion for a period of 5 years which will
affect any future requests for Credit.
The Plaintiff may also obtain a Warrant of Execution and attach your property to be sold in auction to settle
the claim or may apply to have part of your salary attached, meaning that you employer will pay an
instalment to the Plaintiff before making payment of your salary to you.
Interest will continue to run on the claim amount until the amount is settled in full as well as costs.
Please see the next page for the summary of the procedure.
10
Rule 12 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa

5. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
SUMMARY
If you are unsure or have no legal experience then it is advisable to consult and appoint an Attorney to
assist you. Whilst a person can and is entitled to litigate without legal assistance it is not recommended. If
you cannot afford a private Attorney, approach the Law Society in your area or the Legal Aid Board to see if
you qualify for assistance alternatively a Law Clinic/Centre at one of the University’s.
Schwartz Attorney can guide or assist you in handling a summons received. Please visit our facebook page
@SchwartzAttorneys or contact us to make an appointment.
Tel: (010) 100 3481/2
Email: info@ schwartzattorneys.co.za
*Please note that this article is written for informative purposes only and should not be construed as constituting legal advice or being specific to any
situation or individual person. Whilst every effort has been taken to ensure the accuracy hereof it cannot be guaranteed due to the changing of laws and
policies. It is best to consult with a legally qualified professional who can provide you with advice specific to your set of circumstances. The writer hereof
will not be held liable for any damages arising as a result of this article.
RECEIVED SUMMONS
CLAIM PRESCRIBED
YES
DEFEND THE MATTER
AND DELIVER A
SPECIAL PLEA
EXPLAINING THAT THE
CLAIM HAS
PRESCRIBED
NO
AGREE WITH CLAIM
AGAINST YOU?
I AM LIABLE TO THE
PLAINTIFF
CONSENT TO PAY BY
CONSENTING TO
JUDGMENT
MAKE PAYMENT
ARRANGEMENTS
DO NOT WANT
JUDGMENT -
NEGOTIATE WITH
PLAINTIFF
I AM LIABLE BUT
DISAGREE ON THE
AMOUNT
COMPLETE CONSENT
FOR THE AMOUNT
YOU OWE
NEGOTIATE WITH
PLAINTIFF
DEFEND AND PLEA
I AM NOT LIABLE TO
PLANTIFF
SERVE NOTICE OF
INTENTION TO DEFEND