What to do when a letter of demand or summons lands on your desk
It arrives without warning: a formal letter bearing the logo of an attorney’s firm, or worse, an official summons from a court. Your stomach drops. Whether it relates to a debt, a dispute with a contractor, an employment matter, or a car accident, receiving legal correspondence can feel like the ground shifting beneath you.
Here’s the truth most people don’t know: how you respond in the first 48 hours matters more than anything that happens in a courtroom later.
Understanding what you’ve received
A Letter of Demand (LOD) is not yet a court document. It is a formal notice from the opposing party or their attorney stating that they want something from you (usually money or action) and that legal steps will follow if they don’t get it. It’s a warning shot.
A Summons is different. It means court proceedings have already been initiated. You’ve been officially cited as a defendant, and the clock is now ticking on a legal deadline, often as little as 10 business days in South African courts.
Ignoring a summons does not make it go away. Courts can grant a default judgment against you, meaning you lose automatically, without you ever having a chance to tell your side of the story.
Your practical first steps
- Read carefully, but don’t respond immediately. Note the sender, the claim amount, and any deadline mentioned. Don’t call the opposing attorney or make promises.
- Gather your documents. Contracts, invoices, email chains, receipts, photographs: collect everything related to the dispute before your first legal consultation.
- Check the deadline. Count the days. Is it 10 days? 20? Mark the date clearly. Missing it can cost you your right to defend yourself.
- Contact an attorney, not a friend who “knows about law.” Real legal advice, early, is the single biggest factor in a good outcome.
- Do not post about it. Social media comments about the dispute can become evidence. Say nothing publicly.
Critical timelines to know
Day 1–2: Read and date-stamp the document. Begin gathering supporting records.
Day 2–5: Consult an attorney. Share all documents and your account of events.
Day 5–8: Attorney files a Notice of Intention to Defend (for a summons) or drafts a response to the LOD.
Day 10: Typical deadline for intention to defend in Magistrate’s Court. Missing this = default judgment.
Why early legal advice saves you money
It seems counterintuitive to spend money on a lawyer to save money, but consider this: a one-hour consultation might reveal that the claim against you has no legal basis, is time-barred by prescription, or can be settled for a fraction of the demand through a well-worded response.
The alternative is waiting, hoping it goes away, then scrambling when default judgment has already been granted. At that point your attorney has to apply to rescind the judgment, pay additional court fees, and rebuild a case from scratch. That costs three to five times more than acting early.
Early intervention also preserves options. Disputes settled before court proceedings are cheaper, faster, and far less stressful for everyone. An attorney can often open a negotiation channel that resolves the matter without either party ever seeing the inside of a courtroom.
The bottom line
A letter of demand or summons is not the end of the road. It is the beginning of a legal process that you have every right to participate in. But that right has an expiry date, and it ticks down from the moment the document lands in your hands.
Stay calm. Act quickly. Get proper advice.
This article is for general informational purposes only and does not constitute legal advice. Consult our qualified attorneys for advice specific to your circumstances.