QUESTION: Dear Legal Wiz,
I visited the Resident Magistrate’s Court in downtown Kingston and was very disappointed. I applied for a claim against my wayward tenants, but the following week when I went to collect the summons it was chaotic. Then after waiting in the line for approximately three hours, the clerk told me I cannot get the summons because I didnt have my id on me, even though no one told me I needed to bring an id on my return. I am just concerned about the way they treat Jamaicans. I am headed back to Florida and still with no headway, because I have to wait till my return to take the summons out again. I dont want to use a lawyer because the quoted fees are outrageous. So if you can help me I would be grateful.
Is there a way I can get the summons collected and served because the next time I visit, I would hope it is to go to Court to get those tenants out of my place. I also think something should be done about the way summons are processed for u to pick up. No one asked me for my ID to apply for the summons and no one certainly told me to bring my id in to collect it, so my time seems wasted so far.
Please do not publish my name.
RESPONSE: Dear KB,
Very quickly your questions will be addressed. On the next occasion you visit the Court, you can speak or write in to the Clerk of Court about your concerns with the procedures. It is a good idea to copy the same letter to the Court Management Services and the Senior Resident Magistrate of the Court.
Regarding the summons, the court staff should have advised you to prepare a letter authorising someone to collect the summons on your behalf. That person can arrange to get the summons served either by himself/herself, or by the allowed means. Service by a bailiff can also be arranged through the Court office. When the Affidavit of service is returned, then the date will be secured and you can come to court and address the Resident Magistrate.
The above does not constitute legal advice. The responses are prepared and published by inhouse senior journalists after research and discussion with attorneys-at-law and other specialists, as necessary.
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