DMBM677440 | Summary Proceedings (Sc): Application for warrant to cite by means of a newspaper advertisement or notice for a small claim

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Reason for citation

Where a defender’s address is unknown the sheriff may grant a warrant to cite the defender by means of either

• a newspaper advertisement circulating in the area of the defender’s last known address or by

• displaying a notice on the walls of the court.

The authority for this is to be found at Rule 6.6 of the Small Claims Rules 2002.

As it is obviously less costly you should wherever possible opt for citation by means of displaying a notice on the walls of the court. Before taking such action however you should check with the sheriff clerk that this will be acceptable to the court.

Citation by notice on wall of the court

If the court agrees citation by notice, you should

• follow the instructions at DMBM675330 but

• substitute the wording “in terms of Rule 5.5“ with “in terms of Rule 6.6(1b)” at the end of the statement of claim.

Citation by newspaper advertisement

Where for whatever reason

• you are unable to proceed by means of displaying a notice on the walls of the court and

• you need to cite the defender by means of a newspaper advertisement circulating in the area of the defender’s last known address

• follow the instructions at DMBM675320 but

• substitute “Rule 5.5” for “Rule 6.6(1a)” where you conclude the Statement of Claim with the wording “ in terms of Rule 5.5”.