1. Notice of intention to defend
If a summons is served on you by the sheriff of the court, and you believe you do not owe the money claimed in the summons, you have five court days from the date that the sheriff served the document on you, to file and serve a notice of your intention to defend the summons. The reserve side of the summons contains such a notice. Complete and sign the notice.

Thereafter file a copy with the clerk of the court from which the summons was issued. Make sure you have two additional copies, which the clerk of the court must stamp with the official court stamp. After you have filed the notice with clerk, serve one of the copies on the plaintiff or his attorney as specified on the face of the summons. Again, make sure the plaintiff or his attorney stamps the copy.

2. Summary judgment
In some circumstances the plaintiff is entitled, after receipt of the notice to defend, to apply for summary judgment against you. Summary judgment is a procedure designed to provide a mechanism through which a plaintiff is entitled to a speedy finalisation of his claim, where it is clear that the defendant simply filed a notice of intention to defend for purposes of gaining some time or to delay payment of the claim.

The defendant may avoid summary judgment being granted by filing an affidavit with the clerk of the court and the plaintiff or his attorney. The affidavit must be signed before a commissioner of oaths and must specify the nature of your defence against the claim.

3. Plea
You have 10 days from the date when the notice of intention to defend was filed,to file and serve a plea. The plea is the document that sets out the nature of your defence against the claim.

4. Discovery
After filing and serving a plea, both plaintiff and defendant will be entitled to demand discovery from each other. Discovery is the process through which the plaintiff and defendant notify each other what documents they intend to use and present as evidence at the trial.

5. Trial
The plaintiff usually starts first in presenting the evidence in support of his claim. You will be entitled to cross -examine the plaintiff's witnesses. Once the plaintiff is finished with his evidence, the defendant may testify and call witnesses on his behalf. The plaintiff also has the right to cross -examine the defendant 's witnesses.

6. Judgment
After hearing evidence, the presiding magistrate will grant judgment in favour of the plaintiff, dismiss the action or grant an order of absolution from the instance. Absolution from the instance is granted against a plaintiff who fails to present sufficient evidence at the trial to make out a so -called prima facie case against the defendant.

7. Appeal
A defendant or plaintiff who believes the magistrate was wrong in reaching the conclusion that he or she reached, may lodge an appeal.

Please note: This is simply an overview. If in doubt about your rights, seek professional advice.