Summons, notice of intention to defend and plea in practice

[Citizen X]

It has been a long drawn out and irritating affair. It is at a standstill. What does one do to apply? What security can one expect? What grounds does one have to request security or is it standard practice?

The point of departure is rule 22(1) which states:
(1) The trial of an action shall be subject to the delivery by the plaintiff, after the pleadings have been closed, of notice of trial for a day or days approved by the registrar or clerk of the court: Provided that, if the plaintiff does not within 15 days after the pleadings have been closed deliver notice of trial, the defendant may do so.

To put things into perspective, pleadings have closed and in fact discovery has already taken place. In the plaintiff’s particulars of claim/declaration, there is an order as to costs and in the defendants plea , there is also an order as to costs;

1. Might I suggest that you set down the matter

[workshop]

When do I request security to cover my costs? I am hoping this will not happen and that the case will get struck off and go away. Do I apply for set down? How does one proceed?

[the mugg]

Hi Vanash,
May you please mail me the attachment used in this eg

[Harri]

How do I get access to the attached documents

[Dave A]

How do I get access to the attached documents

It is public content, so access permissions on the server side is not the issue.
(I have just tested to make absolutely sure).

As a starting point as to what your challenge might be - The files are in .pdf and .doc format, so you will need programs that can open files in these formats to read them.

[Starman202]

Hi there Vanash, as you indicated searching for a Form 3 (J798) one would probably end u0p with an old version. Could you make available for download the latest Form 3 Summons combing a rent interdict ideally in word format

[suki]

Hi Vanesh,
I was looking for information on google to help with my problem and came across your thread. We landed in financial trouble in 2008 and couldn't pay our bond and it was repossessed - we got home to find 4 copies of a summons from the courts , we didn't have the money for a lawyer and figured we were in the wrong so how could we defend.....a month later we got a letter from the bank to vacate the property within 30 days - which we did - the bank then sold the house to a broker without a judgement or sale in execution for a third of the value and this broker then sold the house a month later for double what she had bought it for - our problem is, now 9 years later they are demanding the full amount that we original had a bond on the property for and calling it "shortfall in sale" - the bank said they never received the monies from the sale and that makes us liable as we made a private sale - which we did not and signed no papers for any sale as the house was repossessed and we have asked for the copy of judgement but they say the lawyer who dealt with it cannot find it and its misplaced - we have also checked online for announcements to sell our house in sale in execution which we cannot find. they cannot even produce a copy of the summons to commence legal action. Kind regards

[Citizen X]

Hi Vanesh,
I was looking for information on google to help with my problem and came across your thread. We landed in financial trouble in 2008 and couldn't pay our bond and it was repossessed - we got home to find 4 copies of a summons from the courts , we didn't have the money for a lawyer and figured we were in the wrong so how could we defend.....a month later we got a letter from the bank to vacate the property within 30 days - which we did - the bank then sold the house to a broker without a judgement or sale in execution for a third of the value and this broker then sold the house a month later for double what she had bought it for - our problem is, now 9 years later they are demanding the full amount that we original had a bond on the property for and calling it "shortfall in sale" - the bank said they never received the monies from the sale and that makes us liable as we made a private sale - which we did not and signed no papers for any sale as the house was repossessed and we have asked for the copy of judgement but they say the lawyer who dealt with it cannot find it and its misplaced - we have also checked online for announcements to sell our house in sale in execution which we cannot find. they cannot even produce a copy of the summons to commence legal action. Kind regards

Sale in execution: This is what should have happened:
1. Within 3 months of you not being able to meet your monthly bond payments, the bank should have contacted you and explored various ways in which you could meet your monthly payment;
2. Failing which, a section 129 letter should have been sent to you informing you of your rights to contact a debt counsellor and go under debt review etc;
3. Should the debtor not go under debt review and still not be in a position to pay, the bank must obtain a court order to sell the house(order to attach and sell)
4. Before the sale in execution is held, the auction must be advertised in two local newspapers and the government gazette’
5. The sale in execution is conducted by public auction by the sheriff
6. Where there is still an outstanding balance , the debtor is liable for this balance
7. It’s clear from what you say, that no permission was granted by the bank for you to conduct a private sale and no private sale was conducted;
8. It’s also clear that the bank never received any payment from this ‘broker,’
9. The bank is stating that the amount owed is a ‘shortfall in the sale,’
There does appear to be irregularities here, my advice, contact a property law specialist asap

[MarelizeS]

A notice of bar was issued, but I could not afford my lawyer (wanted a R5000 advance to plea), so I missed the date....what is the best for me to do now? I don't have a new lawyer yet, as they withdrew from my case. I am scared someone will just pitch and take my belongings - this was a summons for my business and then myself as I stupidly signed surety on the contract.

[suki]

Hi Vanesh,
Thank you for the reply.
I thought before I go to a lawyer , I would try get information from the bank and requested the sale in execution and judgement once again - their reply was there is not documents as they were destroyed and they do not have any copies but the judgment stands.