TRY ME!
Notice Of Motion Opposition
Summary
To oppose a notice of motion, draft an opposing affidavit including a heading, introduction, facts, argument, and conclusion. Address key points made by the creditor, provide your own version of events, and include evidence. Use a professional font like Times New Roman, Arial, or Calibri. The address of service is where you will receive legal documents. Focus on major points such as past rental arrears, financial capacity, and legal responsibility. Provide documentation to counter claims about business ownership and consultancy roles. Ensure all documents are submitted before the deadline.Full Conversation
My father received a notice of motion. His past creditor is trying to not understand the financial capacity that not there given past rental arrears. My father now stays with me. He has my father as first respondent and the company I now own as second. My company nor me never signed for this debt but he keeps dragging us in. What should I do in this regard?
Hi ****,
To better assist you, could you please provide your location? This will help in giving you more specific legal information relevant to your area.
To better assist you, could you please provide your location? This will help in giving you more specific legal information relevant to your area.
South africa. Court is Western Cape High Court. Iwant oppose this have a few days ldft. How is this written. E
Hi ****,
To oppose a notice of motion, you need to draft an opposing affidavit. Here's a brief outline:
- **Heading**: State the court name, case number, and parties involved.
- **Introduction**: Your name, capacity, and interest in the matter.
- **Facts**: Detail the facts of your case.
- **Argument**: State your legal arguments against the motion.
- **Conclusion**: Summarize and request the court to dismiss the motion.
Make sure to file it within the specified time.
Western Cape High Court~
Would you need specific guidance on any section?
To oppose a notice of motion, you need to draft an opposing affidavit. Here's a brief outline:
- **Heading**: State the court name, case number, and parties involved.
- **Introduction**: Your name, capacity, and interest in the matter.
- **Facts**: Detail the facts of your case.
- **Argument**: State your legal arguments against the motion.
- **Conclusion**: Summarize and request the court to dismiss the motion.
Make sure to file it within the specified time.
Western Cape High Court~
Phone: +* * * *
Address: * Keerom St, Cape Town City Centre, Cape Town, *, South Africa
Website: www.judiciary.org.za
Would you need specific guidance on any section?
The deadline is 1st of October *.
Hi ****,
Thank you for the information. Given the deadline, you have some time to prepare. Here’s a more detailed breakdown for your opposing affidavit:
- **Heading**: Western Cape High Court, case number, and parties.
- **Introduction**: Your name, relationship to the first respondent, and interest in the matter.
- **Facts**: Clearly state that neither you nor your company signed for the debt and provide evidence.
- **Argument**: Highlight the legal reasons why the motion should be dismissed.
- **Conclusion**: Request the court to dismiss the motion based on the facts and arguments provided.
Ensure you submit your affidavit before the deadline.
Would you need help with any specific section or further details?
Thank you for the information. Given the deadline, you have some time to prepare. Here’s a more detailed breakdown for your opposing affidavit:
- **Heading**: Western Cape High Court, case number, and parties.
- **Introduction**: Your name, relationship to the first respondent, and interest in the matter.
- **Facts**: Clearly state that neither you nor your company signed for the debt and provide evidence.
- **Argument**: Highlight the legal reasons why the motion should be dismissed.
- **Conclusion**: Request the court to dismiss the motion based on the facts and arguments provided.
Ensure you submit your affidavit before the deadline.
Would you need help with any specific section or further details?
Okay I want to know how to file the notice to oppose and what such looks like. Can you provide me detailed example of what it looks like?
Hi ****,
To file a notice of intention to oppose, you will need to draft a document and submit it to the Western Cape High Court. Here’s a basic example:
To file a notice of intention to oppose, you will need to draft a document and submit it to the Western Cape High Court. Here’s a basic example:
Notice of Intention to Oppose
**IN THE HIGH COURT OF SOUTH AFRICA**
**(WESTERN CAPE DIVISION, CAPE TOWN)**
Case No: [Your Case Number]
In the matter between:
- **Plaintiff**: [Name of Plaintiff]
- **First Respondent**: [Your Father’s Name]
- **Second Respondent**: [Your Company’s Name]
**NOTICE OF INTENTION TO OPPOSE**
Be pleased to take notice that the [First Respondent and/or Second Respondent] intends to oppose the application. Kindly take further notice that the [Respondents] appoint the following address as the address at which they will accept notice and service of all process in these proceedings:
**Address for Service:**
[Your Address]
Dated at [City/Town] on this [Date] day of [Month], [Year].
[Your Signature]
[Your Full Name]
[Your Contact Details]
---
**IN THE HIGH COURT OF SOUTH AFRICA**
**(WESTERN CAPE DIVISION, CAPE TOWN)**
Case No: [Your Case Number]
In the matter between:
- **Plaintiff**: [Name of Plaintiff]
- **First Respondent**: [Your Father’s Name]
- **Second Respondent**: [Your Company’s Name]
**NOTICE OF INTENTION TO OPPOSE**
Be pleased to take notice that the [First Respondent and/or Second Respondent] intends to oppose the application. Kindly take further notice that the [Respondents] appoint the following address as the address at which they will accept notice and service of all process in these proceedings:
**Address for Service:**
[Your Address]
Dated at [City/Town] on this [Date] day of [Month], [Year].
[Your Signature]
[Your Full Name]
[Your Contact Details]
---
~Western Cape High Court
Phone: +* * * *
Address: * Ke
Phone: +* * * *
Address: * Ke
Are there any examples online how I can draft this? The font type etc?
Hi ****,
There are indeed various online resources where you can find templates and examples for legal documents, including notices of intention to oppose. Here are some general steps:
- **Search Online**: Look for legal document templates on websites such as LawDepot, LegalZoom, or specific South African legal resource websites.
- **Font Type**: Use a professional font such as Times New Roman, Arial, or Calibri, typically in size *.
- **Structure**: Follow the outline provided in my previous message. Ensure clarity and formality.
Would you like specific websites or resources to explore?
There are indeed various online resources where you can find templates and examples for legal documents, including notices of intention to oppose. Here are some general steps:
- **Search Online**: Look for legal document templates on websites such as LawDepot, LegalZoom, or specific South African legal resource websites.
- **Font Type**: Use a professional font such as Times New Roman, Arial, or Calibri, typically in size *.
- **Structure**: Follow the outline provided in my previous message. Ensure clarity and formality.
Would you like specific websites or resources to explore?
What is address of service?
Hi ****,
The "address of service" is the location where you or your legal representative will receive legal documents related to the case. This address must be within the jurisdiction of the court handling the case.
Would you like more clarification on how to select an appropriate address for service?
The "address of service" is the location where you or your legal representative will receive legal documents related to the case. This address must be within the jurisdiction of the court handling the case.
Would you like more clarification on how to select an appropriate address for service?
The affidavit. Do we respond on absolutely each statement the creditor has made in his affidavit or can we write our own version of what transpired.
Hi ****,
In an opposing affidavit, you should address the key points made by the creditor in their affidavit. It's also crucial to present your own version of events to provide a complete picture.
Would you need help identifying which key points to address or how to structure your response?
In an opposing affidavit, you should address the key points made by the creditor in their affidavit. It's also crucial to present your own version of events to provide a complete picture.
Would you need help identifying which key points to address or how to structure your response?
So we quote each line of his in counter arguments?
Hi ****,
You don't need to quote each line individually. Instead, address the major points or allegations made by the creditor. Provide your version of events and evidence to counter their claims.
Would you like help identifying which key points to focus on?
You don't need to quote each line individually. Instead, address the major points or allegations made by the creditor. Provide your version of events and evidence to counter their claims.
Would you like help identifying which key points to focus on?
Yes please
Hi ****,
To effectively counter the creditor's affidavit, focus on these key points:
*. **Past Rental Arrears:** Explain that neither you nor your company were involved in this debt.
*. **Financial Capacity:** Provide evidence of your father's current financial status.
*. **Legal Responsibility:** Emphasize that your company never signed for the debt.
Would you need help drafting specific sections of your response?
To effectively counter the creditor's affidavit, focus on these key points:
*. **Past Rental Arrears:** Explain that neither you nor your company were involved in this debt.
*. **Financial Capacity:** Provide evidence of your father's current financial status.
*. **Legal Responsibility:** Emphasize that your company never signed for the debt.
Would you need help drafting specific sections of your response?
He also claims my father still has a stake in the business. My father is only consultant training me.
Hi ****,
To counter the claim that your father still has a stake in the business, you should:
*. **Consultancy Role:** Clearly state his role as a consultant, not an owner.
*. **Evidence:** Provide documentation showing his consultancy agreement and lack of ownership.
*. **Ownership Details:** Show proof of your ownership in the company.
Would you need help drafting this section?
To counter the claim that your father still has a stake in the business, you should:
*. **Consultancy Role:** Clearly state his role as a consultant, not an owner.
*. **Evidence:** Provide documentation showing his consultancy agreement and lack of ownership.
*. **Ownership Details:** Show proof of your ownership in the company.
Would you need help drafting this section?
He said he cannot just have given me the business.
Hi ****,
To counter the claim that your father "cannot just have given you the business," you should:
*. **Ownership Transfer:** Provide documentation of how ownership was legally transferred to you.
*. **Consultancy Agreement:** Show the consultancy agreement highlighting your father's non-ownership role.
*. **Legal Evidence:** Include any legal documents that support the legitimacy of the transfer.
Would you like help drafting this section?
To counter the claim that your father "cannot just have given you the business," you should:
*. **Ownership Transfer:** Provide documentation of how ownership was legally transferred to you.
*. **Consultancy Agreement:** Show the consultancy agreement highlighting your father's non-ownership role.
*. **Legal Evidence:** Include any legal documents that support the legitimacy of the transfer.
Would you like help drafting this section?
Start a new chat