In order to initiate legal proceedings a summons must be served on the defendant. We often have difficulty locating certain debtors as they may lie about their identity or their place of residence or work whilst knowing that a claim prescribes in 3 years.

In order to curb the possible frustration that a plaintiff may have to endure in continuously attempting to trace the debtor, the Magistrate’s Court Rules provide for substituted service. This is done by way of an application to the relevant court which can then order that summons be served by another means not provided for in the rules.

With almost every person or company having a presence on social media (Facebook, Twitter and the likes) an application can be brought to serve summons on a Defendant by way of sending the summons to a social media account.

KWP Attorneys recently brought an application in the Magistrate’s Court to serve a summons by way of private messaging on Facebook and LinkedIn. The application was granted as requested.

An application for substituted service is brought on notice to a Magistrate in chambers, this means that the Defendant need not be informed of the application and the application can be heard as soon as the Plaintiff has signed the required affidavit.

The amendment to the court rules has come a long way in helping Plaintiffs institute their claims when a debtor’s address cannot be located or if they are evasive and will ensure that the defence of prescription can be avoided.