The procedure for filing of an application for a summary judgment in Cyprus can be brought about as a defence or equitable remedy for Claimants or Applicants for civil charges whereby a lengthy court trial is not required due to a lack of defence or an overwhelmingly strong case against the guilty party (the Defendant).
Procedure for a Summary Judgement
Using a personal affidavit or someone else’s, the applicant can swear an oath and confirm the facts and the reason for the court action; including the disputed amount and state reasoning for belief of a lack of defence. By doing this, the applicant can successfully seek a judgment for the amount due with reasonable interest for damages.
The defendant is then given a short time to come forward with the opposing case, stating whether he has essential unknown facts that are vital to ruling a fair outcome, this is when the burden of proof is moved to the defendant to demonstrate he has a bona fide defence.
If no satisfactory defence can be supplied to the court, the applicants original claim and amount for damages will stand and be owed.
To Make a Successful Application for a Summary Judgement, the Claimant must:
- File the writ of summons of the action in a recognised format (supplied by the court or with the help of a Cyprus-based Solicitor or Service Provider, contact us for more details).
- Include all the facts of the case, details and documentation supporting the claim in the affidavit.
Once the affidavit has been received by the defendant, they must then file an appearance and the application for summary judgment to be supported by an affidavit confirming the reason of the action and the total sum claimed; including the individual who drafted the affidavit to affirm that there is no valid defence in the action.
Eltoma Property have legal experts on hand to provide assistance with any property or land matters in Cyprus. Contact us for more information.