Legal Steps For Damages
Summary
Lindy should first send a Letter of Demand to Bernard for vehicle damages. If Bernard doesnt comply, Lindy should serve Summons. Bernard can defend by lodging a Notice of Intention to Defend. If Lindy believes Bernards defense is a delay tactic, she may take judgment against him. Bernards attorney can request a quote from Lindys panel beater by sending a Request for Further Particulars. The trial date is referred to as Set Down.Full Conversation
*. Should Bernard fail to comply with the step referred to in *.* above, what step should Lindy take next?
A. Lindy should have her attorneys serve Summons on Bernard.
B. Lindy should have her attorney send a Letter of Demand.
C. Lindy should phone Bernard and threaten him.
D. Lindy should have the sheriff serve Summons on Bernard.
The correct answer is A. If Bernard fails to respond or comply with the Letter of Demand, Lindy should have her attorneys serve Summons on Bernard. This will initiate the court proceedings. Remember that it's crucial to follow the legal process to ensure the case is handled correctly.
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*. Should Bernard feel that he is not responsible for the damage caused to Lindy’s vehicle, what should he do?
A. Bernard should serve a Letter of Demand.
B. Bernard should serve Summons.
C. Bernard should lodge a Notice of Intention to Defend.
D. Bernard should request for Further Particulars.
The correct answer is C. If Bernard feels that he is not responsible for the damage caused to Lindy’s vehicle, he should lodge a Notice of Intention to Defend. This will allow him to present his case and potentially dispute Lindy's claims in court.
*. Lindy is of the opinion that Bernard lodged the above document (referred to in *.*) in an effort to waste time. What may Lindy do?
A. Lindy may take judgement against Bernard.
B. Lindy’s attorney must call Bernard.
C. Lindy may file a Summons.
D. Lindy should serve a Notice of Intention to Defend.
The correct answer is A. If Lindy believes Bernard's Notice of Intention to Defend is merely a delay tactic, she may take judgement against him. This could potentially expedite the legal process, but she should consult with her attorney before making such a decision.
*. Bernard’s attorney wishes to see a written quote by Lindy’s panel beater. Which document should Bernard’s attorney send to Lindy’s attorney requesting the quote?
A. Request for further particulars
B. Letter of demand
C. Notice to disclose the relevant information
D. Panel beater quote.
The correct answer is A. Bernard's attorney should send a 'Request for Further Particulars' to Lindy's attorney to formally request the written quote from Lindy's panel beater.
*. An application for a trial date is filed and the parties are to appear in court on the 18th of November *. The date of the trial entered into the court’s calendar is referred to as:
A. Judgement day
B. Court hearing
C. Set Down
D. Hearing date.
The correct answer is C. The date of the trial entered into the court’s calendar is referred to as 'Set Down'. This means that the trial date has been officially set and both parties are expected to appear in court on this date.
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