No. For the vast majority of applications you do not need to attend court. Our admitted attorneys attend on your behalf and present the application to the Magistrate.
For an unopposed Section 87 application, where creditors and your debt counsellor do not formally oppose, attorneys handle the entire court attendance. The founding affidavit, which you review and sign before a Commissioner of Oaths, serves as your evidence before the court.
Your role in the process is to:
• Provide all required documents and information when requested.
• Review and approve the draft founding affidavit.
• Sign the affidavit before a Commissioner of Oaths at any police station, bank, or notary near you.
• Respond to any requests for additional information from NDRC during the process.
If your application is opposed, which is uncommon for well-prepared applications where the consumer genuinely qualifies, the attorneys handle any opposition in court. Even in opposed matters, your personal attendance is rarely required unless the Magistrate specifically requests it.
For Section 165 rescission applications involving NCT consent orders, court attendance may sometimes be required. NDRC advises you specifically if this applies to your matter.