What is the first step to do when served a summons?
When a summons is delivered to a Defendant, the Defendant’s best way of responding is to enter a notice of intention to defend, that contains the required information
WHY?
This enables the Defendant to enter subsequent court documents which, if done correctly and according to the court Rules, and within the timeframes of the court Rules, a Defendant will be granted access to the court.
This is the very first step!
If this step is not taken, the Defendant (you) will most certainly encounter summary judgment against him/her!
- The reason why it is of utmost importance to enter a notice of intention to defend, and to do so within 10 days from receiving a summons, is that the bill of the sheriff is on the plaintiff (the bank) to pay.
- And, it paves the way for the defendant to answer on the allegations the plaintiff had stated, and to ask for more information.
- It also supports the defendant in gaining a clear pathway to enter subsequent court documents, which a defence lawyer is NOT allowed to do for you. it also gives the defendant a chance to counterclaim against the plaintiff, after notice of intention to defend is entered.
- It furthermore gives the defendant ample time to gather enough forensic evidence in support of discrediting the plaintiff’s accusations.
- Once forensic evidence has been gathered, it gets attached to a report that is entered into the court system, and the court must accept the report as 3rd party evidence (stand-alone evidence) that cannot be influenced & could not ever have been influenced or manipulated by defendant or plaintiff beforehand. (Like for DNA, as an example).