Summons - How to deliver

**Zuku** · 11-05-2022, 23:25

I did a DIY job for someone. Agreed on price and finish the job. Once finished Mr X pays me only half promising to pay the rest in 2 weeks. Long story short after a year it remains at promises and no payment. So I went to small claim court and completed the form to appear in small claims court.

I took the court summons for him to sign his copy. Mrs X and Mr X is in the house. I shout for them to open the gate as there is no intercom. Mrs X open the front door to investigate. She recognize me and refuse to open the motor gate or to come to the gate to receive the summons while Mr X is peeping over her shoulder.

So I went to the Sheriff office and paid them to deliver the summons a week later. When the Sheriff clerk arrive at the address Mrs X tells them the people has moved and not staying there, with the clerk not knowing he is actually talking to Mrs X. Then the Sheriff informs me there is now a "non delivery of service".

What is my option now for them to receive the summons.

**Skaaphaas** · 12-05-2022, 02:39

Accompany the sheriff. You can ID them. Once you’ve done that he can serve by means of affixing the summons to their gate and give you a return of positive service.

**Wild coast** · 12-05-2022, 05:14

Registered letter?

**Johann du Toit** · 12-05-2022, 09:51

Hire a tracing agency to trace the bastard. Have the Sheriff serve on the address the tracer provides. If nobody is found to accept service, or if the premises is found to be locked, then the sheriff is entitled to serve via attachment. Then wait ten court days to determine if the Defendant will give notice to defend the matter, and if they do not, you may apply for Default Judgment.

**Paul** · 13-05-2022, 07:36

Originally Posted by Skaaphaas

Accompany the sheriff. You can ID them. Once you’ve done that he can serve by means of affixing the summons to their gate and give you a return of positive service.

This ^^^

Only this!

**Johann du Toit** · 14-05-2022, 14:57

If nobody is found at the premises to accept personal service, or if the premises is kept locked without any means of access, the sheriff can serve via attachment (i.e taping it to a door or gate, sliding it under a door or stuffing it in a mailbox) if there are no other means to do so. The return of service will reflect a valid service and the Defendant is deemed to be aware of service. You must give specific instructions to the sheriff for same because many deputies are mentally handicapped, and will not follow any instructions they are specifically given.

**shooty** · 14-05-2022, 17:31

Originally Posted by Wild coast

Registered letter?

This is a waste of a tree. People dont collect these when they receive the paper in the mail. As they know its a fine or legal doc.

**Againstthegrains** · 15-05-2022, 11:39

First of all, I feel your pain. These kinds of people have given me so much anger and sleepless nights. If I could I would feed them to the lions. I find it easier to cut the financial loss, than the emotional loss, but I digress.

I was just wondering from a legal basis, can you put the summons in a Take-a-lot box and courier it. Use the signature on the receipt from the courier as proof that they have received it?

**Johann du Toit** · 15-05-2022, 18:25

Originally Posted by Againstthegrains

First of all, I feel your pain. These kinds of people have given me so much anger and sleepless nights. If I could I would feed them to the lions. I find it easier to cut the financial loss, than the emotional loss, but I digress.

I was just wondering from a legal basis, can you put the summons in a Take-a-lot box and courier it. Use the signature on the receipt from the courier as proof that they have received it?

No, legally a summons must be served by the sheriff.