Results 1 to 7 of 7

Thread: Summons received at soon to be ex father in laws home

  1. #1
    New Member
    Join Date
    May 2017
    Location
    JHB
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Summons received at soon to be ex father in laws home

    Good evening All,

    Need some advice here,

    I am currently going through a Divorce( bit of a nasty one) and today I received an e- mail from my ex father in Law. He did CC some of my family and myself but had addressed it to a third party that I do not know. He BCC them so I can not find out who it is.

    He received a summons yesterday the 21st May for me, he sent me a copy via e-mail, but the copy he sent me he has tippexed out all the plaintiffs details as well as I only have the front page.
    I literally do not know who it is from and why the Sheriff would send it to his address. There is two date stamps on it. One for December 2016 and the other for May 2017.

    I do currently have a criminal case pending against him as he attacked me the one day I dropped my children back off at home. I think it might be a scare tactic but I dont want it to slip as I dont want a judgement against my name. I have also spoken to my credit providers awhile ago and given them all my new contact details,

    I am not sure if I must go to the court and see if I can get a copy of it or if the summons will be illegal, and i am sure it is illegal to take information out of a summons.


    Any advice would help alot on this.

    Thanks very much

  2. #2
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,358
    Thanks
    114
    Thanked 213 Times in 201 Posts
    I would contact your lawyer and show him the e mail. Your father in law should send the summons on to you in its original state.

  3. #3
    Gold Member Houses4Rent's Avatar
    Join Date
    Mar 2014
    Location
    Cape Town
    Posts
    803
    Thanks
    8
    Thanked 56 Times in 52 Posts
    Well, I would say if your ex fathers in law address is not your domicile what are you worried about as then summon was never served to you.
    Houses4Rent
    "We treat your investment as we treat our own"
    marc@houses4rent.co.za www.houses4rent.co.za
    083-3115551
    Global Residential Property Investor / Specialized Letting Agent & Property Manager

  4. #4
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,649
    Thanks
    3,305
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    Quote Originally Posted by Houses4Rent View Post
    Well, I would say if your ex fathers in law address is not your domicile what are you worried about as then summon was never served to you.
    It would be an issue if it's the last nominated domicile in a contract.

    I'm with HR - get your lawyer on the case. As minimum the defacement of the summons is prejudicial, and perhaps arguably malicious.

  5. #5
    New Member
    Join Date
    May 2017
    Location
    JHB
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thanks for the Advice guys,

    I have spoken to my lawyer and I have also contacted the sheriffs office, I do know who it is from and spoke to them as I have already been paying them every month. The account is basically settled and they said it was typed up last year and was sent out in error. So its all sorted, I hope.

    I am waiting for the e-mail from them confirming that nothing will happen and the summons was sent out in error. I told them I need it in writing.

    Another question I need some body that can help with estates. Mainly with renting of properties and where the money should go. Would it be better to post a new thread?

  6. #6
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,649
    Thanks
    3,305
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    Quote Originally Posted by Christopher M View Post
    Would it be better to post a new thread?
    Yes.

  7. #7
    Diamond Member Citizen X's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,404
    Thanks
    868
    Thanked 701 Times in 613 Posts
    Hi Christopher,

    The summons should have a court stamp on it. From what I can gather, you do know which court this summons was sued out of. A summons is a court process and must be served by the sheriff.
    Hope this helps
    “Ubuntu is the essence of being humane" Desmond Tutu
    Spelling mistakes and/or typographical errors I found in leading publications.
    Click here
    sabbaticus

Similar Threads

  1. Default Received summons - how do I change hearing to another magisterial district?
    By jonnoxx in forum General Regulatory Compliance Forum
    Replies: 21
    Last Post: 06-Jul-14, 08:33 AM
  2. Summons received even though paying monthly agreed amount
    By Jaxb in forum General Business Forum
    Replies: 4
    Last Post: 14-Feb-14, 07:42 AM
  3. Happy Father's Day
    By KimH in forum General Chat Forum
    Replies: 1
    Last Post: 18-Jun-12, 08:49 AM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •