What happens after notice of intention to defend?

What happens after notice of intention to defend?

After the defendant has served a notice of intention to defend, it must serve a plea (a formal statement of its defence) within 20 court days. If the defendant does not plead with sufficient particularity, the claimant can apply to court for an order directing the defendant to do so.

When can a Judgement be rescinded?

You are entitled, in terms of Rule 49(1) of the Magistrate’s Court Rules, to serve and file an application at court within 20 days after obtaining knowledge of the judgment, and on notice to all parties to the proceedings, for a rescission or variation of the judgment and the court may, upon good cause shown, or if it …

How do I rescind a default Judgement?

“If a plaintiff in whose favour a default judgment has been granted agreed in writing that the judgment be rescinded or varied, a court must rescind or vary such judgment on application by any party affected by it.” On application a default judgment where the plaintiff has agreed in writing can be rescinded or varied.

What is Rule 60A?

Rule 60A is identical to Rule 30 of the Uniform Rules of Court. Rule 60A (3) provides that after the court has heard the application and it is of the opinion that the proceedings or step is irregular or improper, it may set it aside in whole or in part, and grant leave to amend or make any such order as it deems fit.

What is a Rule 23?

Class Actions. An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g). (C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.

How do I reverse a Judgement against me?

Just as there are two ways for a creditor to get a judgment against you, there are two ways to have the judgment vacated. They are: Appeal the judgment and have the appeals court render the original judgment void; or. Ask the original court to vacate a default judgment so that you can fight the lawsuit.

How do I remove a Judgement from my name?

If you pay the full amount owed before that time, the judgment will be removed from your credit report as soon as the credit bureau receives either proof of payment from the credit provider or a valid court order rescinding the judgment.

What is a Rule 49?

Rule 49 was introduced in 1985 to encourage litigants to make and accept reasonable settlement offers, thus discouraging parties from using the judicial process to delay judgment and increase costs unnecessarily.

Is a default judgment a final judgment?

A default judgment that does not dispose of all of the claims among all parties is not a final judgment unless the court directs entry of final judgment under Rule 54(b). Until final judgment is entered, Rule 54(b) allows revision of the default judgment at any time.

What is a Rule 22?

Interpleader. (a) Grounds. (1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.

What is Rule 49 of the Magistrates’ Court rules of court?

[5] Rule 49 of the Magistrates’ Court Rules of Court deals with the subject more fully, prescribing the procedure to be followed and the content of the affidavit which s must be filed in support of the application for rescission.

When were the rules of court published under the GNR?

GNR.1108 of 21 June 1968: Rules of Court The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985 ), with the approval of the Minister of Justice, made the rules in the Schedule. In this Schedule “the Rules” means the rules published under Government Notice No.

What are the rules of the Georgia uniform Magistrate Court?

Uniform Magistrate Court Rules, provided such proposals are not inconsistent with general laws, these Uniform Magistrate Court Rules, or any directive of the Supreme Court of Georgia. Any such proposals shall be filed with the clerk of the Supreme Court; proposals so submitted shall take effect 30 days after approval by the Supreme Court.

What is a valuable security under the Magistrates Court Act 1944?

“the Act” means the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944 ); “valuable security” includes any document which is the property of any person and which is the evidence of the ownership of any property or of the right to recover or receive any property.