Living in an Estate or Complex? Remember to inform your Creditors in writing that you are moving as Sheriffs are now permitted to serve a Summons on a Security Guard or a Responsible Employee.
A recent judgment handed down in the Gauteng High Court by Judge Allyson Crutchfield, ruled that a summons can now be served on a security guard or responsible employee at your estate or complex.
This was after a debtor approached the Gauteng High Court with a recission application to have a Default Judgement against him rescinded after his vehicle had been repossessed and sold. The debtor’s argument was that he never received the summons as same was served upon a security guard at his previous complex.
The debtors address at the previous complex was his chosen domicilium citandi et executandi (the address nominated by a party in a legal contract where legal notices and pleadings may be served) given to the creditor.
In terms of the rules of court, relating to the service of documents, any document initiating action proceedings shall be affected by the sheriff by leaving a copy thereof at the place of residence or business of the said person, guardian, tutor, curator, or the like and which person apparently is in charge of the premises at the time of delivery and is not less than sixteen years of age.
In Judge, Crutchfield judgment expressed an opinion that given the difficulties, a sheriff or his deputies experience accessing a security complex in the absence of the occupant for the purposes of service, service of documents on a security guard or responsible employee at the complex, who is older than 16 years, is a valid and effective form of service on a debtor.
Judge Crutchfield handed down judgment ruling that if a notice or pleading is served upon a security guard at a Debtor’s chosen domicilium this constitutes as good service even if the debtor is unknown to the given address, abandoned the premises, or is overseas.
The Judge accepted that the debtor informed his creditor telephonically about his change of domicilium but indicated that it is the obligation of the debtor to accordingly inform and update a credit provider in writing of his change of domicilium.
For assistance in respect to any civil disputes, kindly contact our offices for legal advice.
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