Updating Your Domicilium Address to Avoid Unseen Summons in South Africa

In most cases, people fall in arrears with the mortgage loan with the banks and have never received any legal notice. They get to know when the property is about to be actioned. Before granting judgment, a Court must satisfy itself that the Summons and/or Notice of Motion was properly served in terms of the Rules of Court, Rule 4 of the Supreme Court Rules.

What criteria satisfies the Court that a summons was served correctly?

Proof of dispatch or a return of service from the sheriff is sufficient evidence that the document was delivered or the process duly served.

The address you choose while applying for a loan may be old as soon as you move to your new house, so why don’t you change your address with the banks for legal notices to be served properly. The choice of domicilium should not be taken lightly. Without changing it, you will be deemed to have received the notices, even if you did not in fact do so.

The address recorded in the agreement with the bank, be it a mortgage loan, vehicle finance, personal loan or overdraft agreement must be updated.

The Latin term for this nominated address is domicilium citandi et executandi meaning an address nominated or chosen by you in a legal contract at which you elect to receive a summons or any legal notice. It must be a physical address and not a postal address.

Contact Our Specialist Attorneys To Safeguard Your Home Today

At PM Attorneys, we aim to protect the primary residence of our clients; your constitutional right to housing can be protected by a mere step of updating your domicilium address. Call us if you need assistance with legal services.

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