Summary Judgment - what is it?

Last I walked you through the basic undefended debt collection process. I briefly mentioned summary judgment. Today I want to go into a bit more detail about what it is.

Once a defendant has received the summons, he/she may enter an appearance to defend. Within 10 court days of the summons being delivered, the notice of intention to defend must be served. When the Plaintiff (or Plaintiff's attorney) receives the notice of intention to defend, he/she may apply for summary judgment. Summary judgment is an application process. When the Plaintiff believes that the Defendant has no real defense and is merely attempting to stall the proceedings, he/she can apply for summary judgment.

It may be applied for only when the claim is based on one of the following:

• a liquid document;

• for a liquidated amount in money;

• the delivery of specified movable property; or

• for ejectment.

The application must be accompanied by an affidavit by the Plaintiff. The application will then be given a date for hearing.

At the hearing the Defendant either has to prove that he/she does in fact have a bona fide/real defense or the judgment will be granted and they must pay the amount claimed.