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Difference between revisions of "Contract Remedies"
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In the majority of Small Claims or Supreme Court '''cases brought against consumers''', creditors or sellers ask for a judgment ordering the consumer to pay money. The seller or creditor is usually seeking to recover the balance owed by the consumer. For example, a creditor who is suing on a defaulted credit agreement asks for a money judgment in the amount outstanding, along with interest and costs. Similarly, a supplier of goods or services who has not been paid asks for a judgment for the amount outstanding. | In the majority of Small Claims or Supreme Court '''cases brought against consumers''', creditors or sellers ask for a judgment ordering the consumer to pay money. The seller or creditor is usually seeking to recover the balance owed by the consumer. For example, a creditor who is suing on a defaulted credit agreement asks for a money judgment in the amount outstanding, along with interest and costs. Similarly, a supplier of goods or services who has not been paid asks for a judgment for the amount outstanding. | ||
To successfully defend the action, the consumer must raise a defence that the court accepts, or show that the creditor or seller has failed to prove its case. Consumers may also ask for other kinds of remedies if they are sued. For example, a consumer being sued for a debt may ask the court to make an instalment payment order for the judgment (rather than ordering that the whole amount is due), or, in very exceptional circumstances, the court might order a stay of enforcement (that is, the plaintiff gets the judgment and is acknowledged to be in the right, but is not allowed to try to collect on it). | To successfully defend the action, the consumer must raise a defence that the court accepts, or show that the creditor or seller has failed to prove its case. Consumers may also ask for other kinds of remedies if they are sued. For example, a consumer being sued for a debt may ask the court to make an [[Instalment Payment Orders|instalment payment order]] for the judgment (rather than ordering that the whole amount is due), or, in very exceptional circumstances, the court might order a [[Stays of Enforcement|stay of enforcement]] (that is, the plaintiff gets the judgment and is acknowledged to be in the right, but is not allowed to try to collect on it). | ||
=== Actions by consumers against creditors or sellers=== | === Actions by consumers against creditors or sellers=== | ||
