[Question] judgement and how to proceed

[bensamuels]

application for summary judgement has been served on me - i have advised to defend this matter but need to know how to proceed i have to advise reason to defend.
1. my reason " company act prior, is that liabilities is to the company not the members.

i need to know how is it that the are filing this in my name and not the company -

as well as this application read as i am a director for the company - this seems to be misleading - we are members - as per the company act

please advise

regards

ben samuels

[AmithS]

Ben,

I think you will have to give more info, if you want the members to help.

Is this a CC or PTY?
Did you sign any personal surety with the party in question?
etc...

[bensamuels]

judgement

its a cc

no surity

[bensamuels]

this were a company matter cc, now they are filing against me personaly as i am a member of that cc.

[Dave A]

Does the cc owe the creditor money?
If yes, why has the cc not paid the account?
Was there a credit application made?
Did someone sign for delivery? (You?)
What has the cc's response been to the creditor's claim?

[mbsmit]

Hi there,

Guess this post is a bit late, but perhaps this could point the googler in the right direction. You likely signed a surety for the debt on the part of the CC, when the CC defaulted you have to pay.

Regards,
Mr Smit

[Dave A]

You likely signed a surety for the debt on the part of the CC

Covered in post 3:

no surity

Don't sweat it - I'm also not the sharpest chisel around at 3 in the morning either.

The lack of surety is what makes this one really interesting

[sterne.law@gmail.com]

Perhaps an explanation of summary judgment may help.

A Plaintiff serves summons. When the defendent files a notice to defend the plaintiff, then seeks summary judgment which is a process whereby the plaintiff says that the defendent has no defence and is merely filing notice to defend to delay and waste time and teh court must grant the judgment without a trial (a step after default(no defence entered))
The defenent must then answer by briefly setting out the basis of their defence. the magistarte/judge then either grants the judgment, ie believes there is no valid defence, or does not in which case pleadings and such forth start leading upto trial.

[mbsmit]

Dave A - I am so sorry, , rather embarrassed at the moment. Been up all night filling in forms, and drafting letters and paperwork and then couldn't sleep at all, so I decided to browse the web. Guess this should be a lesson, to never post intellectual responses past 00:00

sterne.law@gmail.com - Nice to see another lawyer online, also nice summary of a summary judgment posted!

bensamuels - remember, if the directors ran the business grossly negligently, the directors loses their limited liability protection and becomes personally liable for the debts. Perhaps that happened. Either way, go see a lawyer, he/she should be able to advise you on the matter and assist (they would then be able to look at all the documents, ect, and then advise you much better then we can)

Regards,
Mr Smit