What Happens If You Don’t Respond to a Court Summons?

Issue: What happens if one simply ignores a court summons?

Here’s a question from Oratile:

I’ve just been served with a court summons for a debt that I owe to my ex-boyfriend. He gave me the money when we were still together, and I didn’t think it was a loan. I thought he was just giving me the money because I needed it. After we broke up, he started asking for the money back. I’m honestly too stressed to deal with him or with any of this. What happens if I just ignore the summons and don’t respond?

From The Legal Desk

Thanks for the question, Oratile. I understand how the arrival of court papers at your door step can be intimidating. As with most intimidating situations, the temptation to simply bury your head in the sand and ignore the papers may feel like the most comfortable decision at the time. However, it is certainly not the most advisable. To give you an idea of what happens if you do choose to ignore the summons, let’s take a look at the legals…

If you choose to ignore a court summons, you initiate a process where the legal system effectively proceeds without you. This may ultimately lead to a judgment granted against you in your absence. In civil procedure, the plaintiff (your ex-boyfriend, who is suing you) is known as the dominus litis. This is Latin for the master of the litigation, and if you fail to participate, the plaintiff is empowered to seek various “shortcut” remedies to enforce their claim.

The following details the sequence of events that usually occurs when you ignore a summons:

1. Expiry of the Dies Induciae

A summons is a formal document issued by the court and is served by a sheriff that commands the defendant to enter an “appearance to defend” within a specific timeframe known as the dies induciae. In both the High Court and Magistrates’ Courts, this period is typically 10 court days from the date of service. It can be longer (20 court days) if the defendant is the State or if the summons was served far from the court’s jurisdiction. If you ignore the summons and this period expires without you filing a “Notice of Intention to Defend,” you are considered to be in default.

2. Application for Default Judgment

Once the time limit has passed, the plaintiff is entitled to apply for a default judgment. Because you would have ignored the process, the court generally assumes you have no defence and have admitted the claim. The procedure for obtaining this judgment depends on the nature of the claim.

If the claim is for a specific “debt or liquidated demand” such as a fixed sum for goods sold, a loan, or a “bounced” cheque (I don’t know if you are in the pre-cheque or post-cheque generation), the Registrar of the High Court or the Clerk of the Magistrates’ Court can often grant the judgment administratively in chambers without a judge even hearing the matter.

If the claim is for an unfixed amount, such as damages from a car accident or an assault, the matter must be referred to a judge or magistrate. The plaintiff will still have to lead evidence (often via an affidavit) to prove the quantum (amount) of the loss to the court’s satisfaction before judgment is granted.

3. Execution against Property

Once a default judgment is granted, it is a final and binding order. The plaintiff, who will now be a judgment creditor, can then use the state’s machinery to collect the money you owe them.

The creditor will issue a warrant (Magistrates’ Court) or writ (High Court) of execution. This instructs the sheriff to go to your residence or workplace to attach your movable property (e.g., furniture, appliances, or vehicles). If you still do not pay, the sheriff will remove the attached items and sell them at a public auction to satisfy the debt and the legal costs.

If you have insufficient movable goods to cover the debt, the creditor can seek to execute against your immovable property (your home, if you own it). A court must provide judicial oversight before a person’s primary residence is sold, considering whether execution is justifiable under the constitutional right to adequate housing.

4. Financial Inquiry and Potential Arrest

If the judgment remains unpaid and there are no assets to seize, the creditor can move to a what’s known as a Section 65 financial inquiry in the Magistrates’ Court. You would receive a notice (Section 65A) calling you to court to explain your financial position under oath. If you ignore that specific notice to appear, it is a criminal offence. The court can issue a warrant for your arrest to bring you before the court to answer for your non-attendance and your debt. You could face a fine or imprisonment for up to three months for wilfully failing to appear.

5. Rescission (The Only Way Out)

If you eventually realise the severity of the situation, you cannot simply “answer” the summons late if judgment has already been granted. You must apply for a rescission of judgment. You generally have 20 days from the time you become aware of the judgment to apply to have it set aside. To be successful, you must show “good cause,” which involves giving a reasonable explanation for why you ignored the summons and proving that you have a valid, bona fide defence to the original claim. If your reason was simply that you just didn’t want to deal with him, a court may find you were in wilful default and refuse to assist you.

I say all the above just to say, please do not ignore a summons. Get legal advice so you can make an informed decision about how to respond to it. All the best.