Main Category

• Library > Legal Subjects > Litigation > Civil Matters

Related Topics

• Small Claims
• Tribunal

WHAT HAPPENS AFTER THE SUMMONS IS DULY SERVED ON MY DEFENDANT ?

If your defendant, admits the claim but desires time for payment, he or she may within 7 days of service of the summons, inclusive of the day of service, serve on you a notice of admission for which the Form 2 (Notice Of Appearance - Monetary Claims) or 3 (Notice Of Appearance - Immovable Property) appended to the summons may be used.

If you accept the amount admitted and the proposal made by the defendant in Form 2 (Notice Of Appearance - Monetary Claims) or 3 (Notice Of Appearance - Immovable Property) whichever is applicable, you must within 2 days of the receipt of the notice of admission, serve a notice of acceptance in Form 36 (Notice Of Acceptance Or Non-Acceptance) and thereupon you shall be entitled to enter judgment accordingly.

If you accept the amount admitted but does not accept the defendant's proposal as to mode of payment, you may when filing the Form 36 (Notice Of Acceptance Or Non-Acceptance) in the Court Registry, request that the defendant to give evidence of his means and in such case:

• the Court Registry may send to you and the defendant a notice in Form 37 (Notice Of Hearing For Proof Of Means) and
• the defendant's admission shall not be treated as evidence of his means, unless the Court otherwise orders.

As stated in Form 37 (Notice Of Hearing For Proof Of Means) both you and the defendant is required to attend a hearing which is not on the time and date stated on the summons, where the defendant is required to give evidence of his or her means failing which you may proceed to obtain judgment for the amount admitted and execution.

If your defendant or you fail to serve a notice of admission in Form 2 (Notice Of Appearance - Monetary Claims) or 3 (Notice Of Appearance - Immovable Property) or a notice of acceptance in Form 36 (Notice Of Acceptance Or Non-Acceptance), as the case may be, within the time limited, you or your defendant may nevertheless :

• serve a notice of admission or a notice of acceptance at any time before the return day or
• appear on the return day and admit or accept, as the case may be

but the Court may in any such case order you or the defendant to pay any costs properly incurred in consequence of the delay or omission.

Even though the defendant has served a notice of admission in Form 2 (Notice Of Appearance - Monetary Claims) or 3 (Notice Of Appearance - Immovable Property), as the case may be, he or she still has the obligation, imposed by the summons to appear in Court on the hearing date, unless before that day he or she has received a notice of acceptance in Form 36 (Notice Of Acceptance Or Non-Acceptance) from you.

Letter addressed to you, the solicitor or the Court may be accepted as an admission of the claim if the Court is satisfied that the letter was written by or with the authority of the defendant.