THE FACTS
MANTWA Shabangu from Polokwane, Limpopo took out a business loan and offered her house as security for the loan.
She fell behind with the repayments and summonses were eventually sent to her. She didn’t have enough money to appoint a lawyer and so she went to the Community Law Centre.
They filed a Notice to Defend but the bank applied for a summary judgment against her. She wrote to the SunDefender for advice.
WHAT I DID
I spoke to Scorpion Legal Protection for professional legal advice.
SOLUTION
The attorney at Scorpion advised that the Notice to Defend is only filed in instances where the person has a defence to the summons.
Mantwa was in breach of her loan agreement and therefore did not have a defence and that is why the bank applied for the summary judgment.
Once granted, the house will be attached. The only option that Mantwa has is to approach the bank to make a payment agreement before the house is attached.
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