Do’s and don’ts when called to Court

If you have been served with a Notice in terms of Section 65A or J of the Magistrate’s Court Act you will be expected to appear before the Magistrate on a date specified in the Notice. The purpose of the appearance is for a financial enquiry to be held so that the Magistrate can make an order as to what you can afford to pay in respect of a granted judgment.

Here are a few things to remember:

Don’ts

• Don’t avoid going to Court!– this will only result in a warrant being authorised for your arrest and will lead to additional legal costs being added to your account. 
• Don’t be late! – you need to be at Court by 8:30am at the latest in order for the Attorney attending to your case to discuss the proceedings with you before Court starts.  If you are not present when your case is called, a warrant for your arrest will be authorised.
• Don’t leave the designated waiting area until you have appeared before the Magistrate! – You must be present in the designated waiting area when your case is called.  You will then appear before the Magistrate who will give you a chance to address him/her and direct if and when you need to be back in Court or inform you of the order granted in your matter.
•  Don’t forget to bring all your financial documents and make certified copies! – this includes your latest 3 months’ bank statements, 3 months’ payslips/proof of income, other documents pertaining to your monthly expenses (i.e. lease agreements, account statements etc.),  a complete list of your income and expenses and a complete list of all your assets and liabilities.  Failing to have these documents at every appearance will result in the matter being postponed and additional costs being added to your account. The Magistrate and/or the Attorney will want to keep a set of these documents for the Court and/or office file and thus if you do not have copies, you may need to wait after the Court has finished sitting in order for the Clerk of Court to make the necessary copies.

Do’s

• Contact the respective Attorney’s Office before the Court date if you wish to make payment arrangements!  The Attorney will then inform you what they require from you. 
• Inform the Attorney’s Office well in advance if you will not be able to make it to Court on the given Court date.  Be mindful of the fact that you will only be excused from Court, without a warrant of arrest being authorised, if you have a valid reason and can provide evidence thereof (i.e. hospitalised etc.)
• If you are of the opinion that you cannot afford to repay the debt, make an appointment to speak to the person at the Attorney’s office who is dealing with your file.  You will need to provide them with all your financial documents to support your claim.  This will give the Attorney the time to consider the financial documents before the relevant Court date.
• If you are appearing at Court, ensure that you take down the office number of the Attorney who is attending to your case as well as the Attorney’s reference number for your matter (NB this is NOT the case number).  This will enable the staff from the Attorney’s office to identify your file quickly in order to assist you should you phone the office.