If a debt is taken to court, the creditor issues a summons that the sheriff serves on you. You then have 10 court days to deliver a notice of intention to defend. If you do nothing, the creditor can obtain default judgment against you.
The usual stages
- Summons served by the sheriff, often called a summons for debt
- Notice of intention to defend, then a written plea setting out your defence
- Exchange of documents and, in defended matters, a trial date
- Judgment, followed by enforcement if the debt is not paid
After judgment
A creditor with a judgment can ask the sheriff to attach movable property, apply for an emoluments attachment order against your salary, or ask the court to inquire into your finances. A judgment is also listed with credit bureaus.
If you have a defence, such as the debt having been paid, having prescribed, or being calculated incorrectly, raise it through the court process. Settling before judgment is often cheaper for both sides.
Need help with this? See Litigation & Dispute Resolution.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.