Quick answer
Ask the lawyer to identify the court track, confirm the immediate response date, explain which facts are admitted or disputed, assess prescription and credit-law issues, list missing proof and compare defence with settlement. Before leaving, establish who will file and serve each document, what the fee covers and when you will receive confirmation.
How to use this guide
Good consultation questions produce decisions rather than a lecture on debt law. Put the summons at the front, give a short chronology and ask the practitioner to record the next action, owner and date.
1. What document have I actually received?
Ask whether it is an ordinary summons, combined summons, later notice, application, warrant-related paper or something else. Request an explanation of the court named, the claim made and the response method printed in the document.
The summons response checklist helps frame that opening classification, but the lawyer should work from every served page rather than the title you gave the booking receptionist.
2. What is the safest response date and how was it calculated?
Ask which rule applies, what service date is being used, whether days are court days and what margin will be allowed. If a period may be over, ask whether default judgment has been requested or recorded and which late procedure might be available.
Do not accept “we will look at it soon” as deadline management. Obtain the calendar entry and the name of the person responsible.
3. What must be filed now, and what comes afterwards?
If a notice of intention to defend is required, ask what it accomplishes, where it must be filed, whom it must be served on and how delivery will be proved. Then ask when a plea, exception or other pleading may follow.
The notice of intention to defend glossary can anchor this discussion. Request a warning about later notices of bar or court dates that need immediate escalation.
4. Which parts of the claim do you recommend admitting or disputing?
Ask the lawyer to separate identity, contract, performance, capital, interest, fees, costs and procedure. A person may accept receiving money but dispute the balance; another may deny the account entirely. A defensible response should reflect the real evidence rather than a blanket denial.
Ask what document would materially change the assessment and who will obtain it. This converts a vague proof gap into a task.
5. Could prescription apply, and what facts are missing?
Give the last-payment, due-date, acknowledgement and previous-process history. Ask which Prescription Act period may govern and whether anything delayed or interrupted it. The answer should be conditional until the record is complete.
Before calling the creditor, ask whether a new statement or payment promise could affect the issue. Do not seek a guarantee that an old account is prescribed.
6. Does the National Credit Act cover this agreement?
Where relevant, ask about the section 129 notice, section 130 enforcement requirements, debt review, reckless-credit allegations and permitted charges. The practitioner should first determine whether the transaction and parties fall within the Act.
An NCR complaint or ombud process has a separate function. Ask whether it changes any court step in your facts instead of assuming that it suspends litigation.
7. What are the practical defence and settlement paths?
Request a comparison of likely steps, evidence needs, time, cost exposure and uncertainty. If settlement is realistic, ask whether it includes consent to judgment, continuing interest, legal costs, security, an acceleration clause or salary-related enforcement.
Ask exactly when the plaintiff will stay, withdraw or conclude the action and what written proof will show that. A monthly payment figure alone is not a complete litigation settlement.
8. What is included in your mandate?
Clarify whether the lawyer is giving advice only, drafting a document, filing and serving it, negotiating, appearing in court or handling the matter to judgment. Ask who will supervise the work and who may appear.
Verify the practitioner through the Legal Practice Council and confirm the firm's contact details independently. Registration does not prove experience, so ask how often the practitioner handles defended debt matters in the relevant court.
9. How will fees and adverse costs be handled?
Request written rates, deposits, likely disbursements, billing frequency and the stage covered by the estimate. Ask about the risk of paying some of the opponent's costs and whether the economic value of the dispute supports the proposed work.
A cost estimate is not an outcome promise. Agree on a review point if fees reach a threshold or the plaintiff produces new evidence.
10. What should I avoid doing after this meeting?
Ask whether you may communicate with the creditor, pay, sign, post about the matter, dispose of property or contact witnesses. Request safe wording for any necessary administrative communication.
Also ask what event requires an urgent callback: new court paper, notice of bar, settlement deadline, sheriff visit or default-judgment information.
End with a written action list
The debt-defence consultation pack can structure your briefing. The summons response guide supplies the immediate workflow against which to test the lawyer's recommendations.
Before the consultation closes, read back four fields: next task, responsible person, due date and proof of completion. If the firm has not accepted filing responsibility, you remain responsible for arranging the step.
FAQs
Should I ask the lawyer whether I will win?
Ask for strengths, weaknesses, missing evidence and realistic paths instead. A reliable assessment states uncertainty and does not guarantee a court outcome.
How can I tell whether the consultation was useful?
You should leave knowing the procedural status, immediate date, available choices, evidence gaps, scope of work and next communication point.
Must I use the same lawyer for the entire case?
Not necessarily. Ask whether a limited consultation or drafting mandate is suitable, but make the handover and filing responsibility explicit at every stage.
What fee information should be in writing?
Obtain the charging basis, deposit, scope, exclusions, likely disbursements, billing cycle and circumstances requiring a revised estimate.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.