Notice of Intention to Defend (NOITD)
- The reason why it is of utmost importance to enter a notice of intention to defend, and to do so within 10 days from receiving a summons, is that the bill of the sheriff is on the plaintiff to pay, once you entered it.
- It paves a broad and comfortable way for Defendants to answer on the allegations the plaintiff had stated, and to ask for more information in a legal and compelling way.
- Know it now: plaintiff lawyers and lawyers of banks HATE it when a notice of intention to defend is entered after a summons was served, because then they know trouble is on its way.
- It also supports Defendants in gaining further access to the courts to enter subsequent court documents that a defence lawyer is NOT allowed to do for you.
ACCESS…to the COURT (without a defence lawyer)… the best thing EVER to achieve!
“Access to the court” means:
- a) to have the court itself acknowledge your acumen, knowledge & quality of your court documents that were concluded & served according to the court rules.
- b) the court then “respects” and “acknowledges” your intent to put forward valid arguments.
- c) it compels the court to instruct plaintiff lawyers to comply with your requests. Access to the court (without a lawyer) is the MOST important thing to achieve, and it is easy to do, once the court documents were created according to the standards that were put in place by the Court Rules.
The different kinds of court documents are plenty and peculiar, and can be hard-hitting against a plaintiff, and each serves a specific purpose that is significant pertaining to the issue at hand. Then, after NOITD was entered, defendants now have the liberty & freedom as plenty opportunities to firstly play for time, to frustrate the plaintiff’s lawyers, and to have enough time to formulate arguments of whatever nature.
Without a NOITD the defendant has no rights and will face a summary judgement – fact. It furthermore gives the defendant ample & more than enough time to meticulously gather enough forensic evidence in support of discrediting the plaintiff’s accusations.
Forensic Evidence & the plea
Once forensic evidence has been or is being gathered, it gets attached to a report that is entered into the court system, and the court has to accept the report as 3rd party evidence (stand-alone evidence) that cannot be influenced & could not ever have been influenced or manipulated by defendant or plaintiff beforehand. (Like for DNA, as an example).
A plea must be entered within 20 days after a notice of intention to defend was entered. A plea is the defendant’s answers to the specific allegations that the plaintiff had stated. It is not an affidavit. (It enables the Defendants to tell their side of the story without committing to an oath).
In other words: a plea facilitates firstly, access to the courts as well as the audi alteram partem rule (hear the other side of the story as well).
It almost always happens: when forensic evidence casts doubt on the specific material facts or particulars of claim that were initiated by the plaintiff, the defendant can ask for discovery from the plaintiff, in order to receive additional information from the plaintiff, so that the defendant can be able to formulate a worthwhile plea in defence.
And in ALL cases involving banks as creditors, there will ALWAYS be evidence of a false claim or false accusation from the bank, as creditor. There has never been an exception as yet – it is always the case.