We as attorneys do not always realise that the public still do not quite understand the legal process and if a summons is received by a sheriff or at the end of a long day a summons is awaiting in your post box or gate, this can still be a truly upsetting experience.

The most important thing is when receiving a summons to have a look at the date on the summons, especially if you did not receive it in your hand personally from the sheriff.  You have 10 business days to defend the summons or to make arrangements to pay if you owe the amount indicated on the summons.  The 10 days time period is to give you time to avoid your name being listed at the credit bureaus.

Speak to an attorney  who can assist you to file the correct documentation or assist in making arrangements to pay.  Even if you realise more than 10 days have lapsed since service of the summons, go to you attorney as the chances are great the judgement has not been granted yet.

Here are a few important things to remember when a summons has been received :

• Stay calm

  The sheriff will not come back any time soon to start attaching your furniture or goods.  There is a process to be followed by the plaintiff’s attorney and time periods granted for you to respond.  Take time, read through the document and contact an attorney firm you trust.

• Process

  The summons is served on you either personally by the sheriff or by being placed in your post box or secured in a gate.  Please take note that only in certain circumstances the summons should be served personally and do not focus on that.  Rather focus on addressing the matter with the attorney and make arrangements or defend the matter.  As mentioned you have 10 days from date of service of the summons at your address.  The time period of 10 days starts from the day following service of the document.

• Pay the account

  Again if you owe the money rather contact the debt collecting attorney’s office to make arrangements to pay rather than focussing on things like, it was (according to how you feel) not served in a correct manner.  You are wasting time, money and energy on things that do not positively assist to resolve the matter.

  If you are under the impression you do not owe the money also make contact and hand in proof of payment.  Administration of accounts is still a process where monies are maybe not credited to the correct account and can with a simple e-mail or telephone call be corrected.  In that instance you are not liable for costs as well, IF you made use of the correct reference number and made sure payment was received.

• Settlement letter

Once you have settled your account, make sure to request a paid up letter.  This is to make sure that you have in writing confirmation that no further steps will be proceeded with in the matter and I am sure will assist to help you feel at ease.

Confirm that judgement was not granted and you were not listed as a default payer.  If the process have proceeded up to judgement or listing of your name as a bad payer, discuss this with the attorney that issued the summons as they can assist to have the judgement or listing removed.  This can also have costs involved and again therefor very important to act quickly as soon as you have knowledge or receive a summons.

Receiving a summons can be stressful and cause anxiety but we trust with these pointers it will assist and of course if you get in contact with an attorney you trust to assist.  Do not hesitate and wait to see what happens.

Feel free to contact one of our attorneys if a letter of demand or summons is received.  You do not have to resolve it on your own.