Asked by DDanon on 04-09-2023 10:24:31
Question posted in the General Law category relating to Gauteng
If you breached the settlement agreement (i.e. the repayment plan) then what the lender reverts back to using the old summons and apply for default judgment instead of issuing a NEW summons section or rule are they violating.
2. Is a sick not a good reason to ask for condonation if you miss the day to respond by 2 days
3. Instead of submittng the defending affidavit at the respondent's office can you submitt it on case line
Message from the Lawyer
Posted by Att. Patrick on 04-09-2023 11:51:26
In law, we would say that the conclusion of the agreement (i.e., repayment plan) settles the overall dispute, and that the settlement agreement "novates" the original claim. The settlement agreement "does away" with the original dispute and settles the matter. Therefore, if there is a breach of the settlement agreement, that would be a new cause of action and there would need to be a new summons.
Unless, there is a specific agreement that the settlement agreement would NOT constitute a novation of the original claim. In that instance, the bank could continue with the summons.
Re 2) - yes, being sick would be a good reason for condonation.
Re 3) - that's 100% okay.
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.