What is a summons? A summons is a legal document which contains the particulars, the nature and the amount of the claim. It calls upon the defendant to pay the claim within 10 days of service, excluding weekends and public holidays. In the High Court a defendant has 20 days from the date of service, excluding weekends and public holidays to answer to the claim. Who serves the summons to the other party? The Sheriff will serve the summons to the other party. Once the Sheriff has served the summons, he will issue out a Return of Service. Delays might occur should the Sheriff not be able to serve the other party with the summons. If the Sheriff fails to successfully serve the summons to the other party, he will file a Return of Non-Service and state the reasons for failure to serve the summons. On non-service of summons the Plaintiff can apply for the default of judgement against the Defendant.
Posted on: Wed, 05 Nov 2014 20:41:39 +0000
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