# When is an affidavit required?



## Brendan Burgess (29 Nov 2015)

In FLAC's "A guide to possession proceeding in the Circuit Court" it says 



But that is not what I have witnessed in my many visits to the Registrar's Court. Here is an example of one case I saw in Trim recently. 

The EBS sought an adjournment but the borrower showed up and asked the Registrar to strike out the case. He claimed that the EBS had told him 15 months ago that they would capitalise the arrears but they had not done so and were refusing to meet him. He has been make full repayments. The Registrar didn’t ask for any evidence to support these claims by the borrower, but to be fair, he sounded credible. She just struck out the proceedings.

I remember being surprised at the time, that a borrower could say more or less anything. There is no way that the solicitor would know enough about the case to challenge any of the borrower's assertions. 

So is it just a case that the Registrar's Court is more informal and less strict about the law? Surely the lender's solicitor could have argued against the strike out and asked for the evidence to be set out in affidavit?

Brendan


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