Makokomale Attorneys Inc., home

Civil claims and summons

Claims for money owed, summons you’ve received, and the applications in between. Drafted carefully, served correctly, filed on time.

What we handle

  • Letters of demand
  • Issuing summons to recover money owed
  • Defending summons you’ve been served with
  • Default and summary judgment applications
  • Pleadings, notices of bar and set-downs
  • Indexed, paginated court bundles

Served with summons? The clock is already running. See what happens next.

After summons is served

  1. Day 0 Summons is served

    The sheriff serves it personally and files a return of service with the court.

  2. 10 court days Intention to defend

    The defendant must deliver a notice of intention to defend.

  3. 20 court days The plea

    The defendant then delivers a plea: their written defence.

  4. 5 court days Notice of bar

    If no plea arrives, a notice of bar gives one final chance to file it.

  5. Next Default judgment

    If the defendant is barred, the plaintiff may apply for default judgment.

Court days exclude weekends, public holidays, the day of service and the last day. Time periods can differ between courts and proceedings, so confirm the dates in your own matter. We file on time rather than waiting for a notice of bar.

Choosing the right court

  • Small Claims Court

    For individuals with claims of up to R30 000 (from 1 August 2026). Quick and inexpensive, but attorneys may not represent you there. We’ll tell you honestly if this is the right route for you.

  • Magistrates’ Courts

    District and Regional Courts hear most claims for money owed below the High Court’s level, as well as divorces in the Regional Court.

  • High Court

    Larger or more complex claims. Where a matter belongs in the High Court, we’ll explain the costs and options first.

General information, not advice on your matter.

Know your rights

  • Myth: If I ignore the summons, it will go away.

    Fact: The other side can apply for default judgment, and the sheriff may later attach property to satisfy it. Get advice as soon as you’re served.

  • Myth: Default judgment is just a formality.

    Fact: Magistrates and judges check every document, including the sheriff’s return of service, before granting it.

  • Myth: A debt never expires.

    Fact: Most ordinary debts prescribe after three years, though some take longer and the period can be interrupted, for example when the debt is acknowledged.

  • Myth: Once judgment is granted, nothing can be done.

    Fact: If judgment was granted without you knowing, you can apply to set it aside, but the time limits are short. Act immediately.

General information, not advice on your matter.

Questions

I’ve been served with summons. What do I do?

Don’t ignore it. In most actions you have 10 court days to deliver a notice of intention to defend. Contact us straight away with the summons and the date you were served. If you don’t have a defence, settling early can save you costs.

Someone owes me money. Where do I start?

Gather what proves the debt: the agreement, invoices, messages and any payments made. At consultation we’ll advise whether to send a letter of demand first or issue summons, and which court fits the amount.

The sheriff came to my house about a judgment I didn’t know about. What now?

Bring every document the sheriff left. You may be able to apply to set the judgment aside, and time limits apply, so contact us the same day.

Who pays the legal costs?

Usually the losing party is ordered to pay a portion of the winner’s costs, but not all of them. We’ll explain the costs risk before you start.

Videos

More explainers on TikTok (opens in a new tab)

Videos are general explanations by Ms Makokomale, not advice on your matter.