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Is the Summary Judgment Application correct?

If a creditor decides to take legal action against a consumer they will first send the consumer a Section 129 notice then a summons shortly afterward. If the consumer then decides they would like to defend the matter they can do so by submitting papers at court and to the creditors attorneys. The Creditors attorneys will then often try to get what is called a summary judgment. To do so they submit papers to the court which say that the consumer does not really have a defense and is just being silly. However theNewERA point to a common flaw in these summary judgment applications:

If a bank employee dispenses with an affidavit, it is a legal requirement that the directors of that bank first dispense with a Special Resolution granting permission for that employee to make such an affidavit.

This rule is currently being circumvented. Somehow, half-hearted affidavits, made by just about anyone in the bank, are being successfully used to obtain judgment and foreclosures.

These people could not possibly have all the facts of the case at hand (this is something that these affidavits always say).

 

A consumer is free to raise these points in their replying affidavit to the court which should show that they do in deed have a defense and outline what it will be. Often if the consumer is able to provide such documents the creditor will find themselves unable to get a summary judgment meaning that if they want to pursue the matter further they will have to wait for a court date (which will be in about 3 years time) and face the costs of such a court case (which are high). As a result if they cannot get a “quick” summary judgment they will often drop the matter entirely.

The biggest mistake consumers can make is to simply hide when they receive such legal papers. It is much better that they at least attempt to defend themselves (and their assets) when the opportunity presents itself.

A consumer can represent him or herself in court and can have an attorney or other knowledgeable person help draft the papers they need to hand in in defense of their matter.

 

If you would like to more more about the NewERA and their BIG CASE then head over to: NewERA