When it comes to the world of civil litigation in South Africa, it covers a broad spectrum of non-criminal disputes. This involves the process of a party taking legal action against another party, seeking damage claims, getting them to legally do something (performance claims), or getting them to legally stop doing something (interdicts). This is why you need a professional civil litigation lawyer by your side during such a process. Eileen Visser Attorneys is your first choice in Pretoria.
Civil litigation starts with the plaintiff or applicant issuing a Letter of Demand (LOD) to the defendant or respondent. In the movies, we always see a legal clerk showing up, confirming the identity of the defendant or respondent, and handing them a folder of documents with the catchphrase, “You’ve been served”. These legal documents are usually court summons. However, they skip a crucial part that comes before the summons, which is the LOD itself.
Today, we talk about the importance of the initial LOD and how a professional civil litigation lawyer can assist you with drafting and issuing an LOD.
How Can an LOD Directly Affect a Civil Litigation Case?
- Triggering an Interest Clock: If you want to sue someone who owes you a debt, without there ever being an agreed-upon deadline to pay the debt, an initial LOD will put the debtor on a clock. In legal terms, they are now in mora, which means that their owed debt will accumulate legal interest that starts on the day they received the LOD.
- Avoiding Cost Traps: By skipping the process of drafting and serving an LOD and going straight to court instead, it creates a unique situation where the debtor can immediately pay the claim upon being handed the summons. Should this happen, South African courts will penalise you on the basis of not trying to settle the case before it ended up in court. The penalty is that you cannot recover the cost of drafting and serving the court summons to the debtor and such costs must be paid out of your pocket.
- Being a Statutory Shield for Your Case: Serving an LOD can act as a statutory shield for your civil litigation case, especially when suing under a credit agreement or suing a government department. If your case does not include the drafting and serving of an LOD, it can be thrown out on a technicality as a fatal procedural error on the plaintiff’s behalf.
Eileen Visser Attorneys is your solution to civil litigation lawyers in Pretoria. Ensure that your case holds water in court with a professional and knowledgeable lawyer by your side. Contact us today if you are interested in our legal representation.