Hi MommyT,
1. I would firstly like to impress upon you that I am not an admitted attorney and I do not represent myself to be as such, that being said, it is a verifiable fact that I am at a very advanced stage of my LLB studies;
2. I know, understand and appreciate your predicament;
3. I would suggest that you do file a notice of intention to defend with the clerk of the relevant court and the plaintiff’s attorneys. In practice have 3 copies of the notice of intention to defend. The original one you file with the clerk of courts and have him/her stamp your copy, you then take the second copy to the plaintiff’s attorney, serve the notice of intention to defend on them and also let them sign your copy(the same copy that the clerk of courts stamped)
4. The reason why it is important to do this within the ten day deadline is simply this, your failure to do so will prejudice you and give the plaintiff sufficient reasons to apply for default judgment;
5. I will suggest that you then approach the Legal Aid board, The UNISA law clinic or WITS law clinic. They will conduct a means teats to establish what you can or cannot afford. They will then take on your case;
6. I suggest that you instruct the aforementioned to also put in a counterclaim for you.
7. Attached is a word document of a notice of intention to defend.Modify it to suit your individual needs.
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