Court Summons

Sackboy

Executive Member
Joined
Dec 14, 2008
Messages
5,598
More than just that, they cannot leave it with a relative, nor can they just slip it under the door - they have to prove that you personally took receipt of it. There are numerous reasons for this but the obvious ones are that there is no way for them to guarantee that a neighbour, family member of friend will deliver it to you and the onus is not on them to do so either. You could be away for a few weeks, you could be avoiding someone, they might not be who they claim to be etc. AFAIK a court summons has to be delivered in person to the recipient...
Link?
 

DJ...

Banned
Joined
Jan 24, 2007
Messages
70,287

Personal experience and as told to me by a lawyer...

EDIT: but a quick google showed UK law states that a court summons delivered to any family member living in the same household as the intended recipient is considered delivered. Bizarre that - how on earth would they prove this, and how do they prove that the intended recipient received it?
 

blunomore

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Joined
Jul 8, 2007
Messages
26,789
Personal experience and as told to me by a lawyer...

"Trust me, I'm a lawyer" :D

EDIT: but a quick google showed UK law states that a court summons delivered to any family member living in the same household as the intended recipient is considered delivered. Bizarre that - how on earth would they prove this, and how do they prove that the intended recipient received it?

SA Law is the same. If memory serves well, when papers are delivered at the physical address of the recipient, it will even suffice if received by a spouse or child over a certain age.

Heck, I even read about an overseas judge who aproved of the use of Facebook to serve papers :D
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,505
Very possibly a family member over a certain age is acceptable.. that much is plausible... but a neighbour, nope.. nailing it to the door.. nope... nothing like that
 

semiautomatix

Honorary Master
Joined
Nov 9, 2005
Messages
11,914
Yes, you have to find out why it CAME late. I wouldn't be surprised if the person delivering it had to make a little statement of how and when he came to the address, including a description of whom he gave it to (if he did).
{wrong address/ no number/ not answering door .... it does sound like you don't want to be found :D)

Har, har. Its my residential address, I don't expect communication via my Domicilium et Executandi but rather my postal address so I make no effort. You know me, you know where I live. You don't, well then you need an invite :p
 

semiautomatix

Honorary Master
Joined
Nov 9, 2005
Messages
11,914
"Trust me, I'm a lawyer" :D

SA Law is the same. If memory serves well, when papers are delivered at the physical address of the recipient, it will even suffice if received by a spouse or child over a certain age.

Heck, I even read about an overseas judge who aproved of the use of Facebook to serve papers :D

Very possibly a family member over a certain age is acceptable.. that much is plausible... but a neighbour, nope.. nailing it to the door.. nope... nothing like that

Well it wasn't delivered to any family member or, obviously myself, but covertly snuck under the door. I was here when it was delivered, which brings me to believe it was given to front gate security and not hand delivered. Besides its two days late. How could it take four weeks to hand deliver from the Randburg Magistrates Court to a suburb in Randburg - a ten minute drive?

This seems totally unethical and not legal in any instance. If I prove as much surely the case must be considered invalid?
 
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