I recieved summons on the 10th of June ...

Asked by Danford Damba on 18-09-2023 12:53:30
Question posted in the General Law category relating to Gauteng

 I recieved summons on the 10th of June 2021 and had 10 days to file my Notice of Intention to Defend. 16th of June was a public holiday. I filed and delivered my Notice of Intention to Defend on the 28th of June 2021.

My question is 1. Was i late by one day out of the 10 days

                           2. Clent recieved the Notice of Intention to Defend on the above date and kept quite for 2 years and is now applying              for a default judjement without serving me notice of bar because they say the 10 day to serve Notice of IntentionTo Defend expired

What are my legal options to challenge this matter

Message from the Lawyer

Posted by Att. Patrick on 18-09-2023 13:15:36

As per my calculations, the 10th day expired on the 25th June. You serving your notice to defend only on 28th June, was therefore late. 

HOWEVER, the fact that you have since filed it is good. A court always accepts the late filing of a notice to defend. A court NEVER turns a defendant away if there is a notice to defend which has been filed - even if it was filed 2 weeks or 6 months late.

You need to defend the application for default judgment based on the fact that you want to defend the case, and because you have a good defence, and you are legally entitled to defend any claim against you. 

You should also include a paragraph explaining why you were late. But do mention that you were only 1 day late and that the plaintiff is not going to suffer any prejudice because you were 1 day late.

I think that you must file your affidavit as you have prepared it. 

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