DANGERS OF DOING NOTHING
DANGERS OF DOING NOTHING
We often hear the phrase, “sometimes it’s best to do nothing.” However, there are many situations, particularly in law, where doing nothing can be extremely costly. The consequences may affect your property, your finances, your family, or even your freedom. This article explores the legal problems that can arise when you choose to do nothing.
Consider the scenario where you are gifted a prime residential plot of land in Maracas, St. Joseph. However, you do not have the funds to build on it. Twenty years have now passed, and during that time you have not built on the land, cultivated it, or even visited it.
After two decades, you suddenly decide to check on your property, which you believe is “rightfully” yours. Upon arrival, you discover a man, his wife, and their seven children living in a two-bedroom house on your land.
When you speak with them, they inform you that they have been living there for the past eighteen years. You then initiate legal proceedings to recover your property but you lose the case.
Under Section 3 of the Real Property Limitation Act Chapter 56:03, a person who has occupied land for sixteen or more years undisturbed may acquire rights to that property, particularly if the original owner has effectively abandoned it. As such, by doing nothing, you may lose your land. Here “undisturbed” means that you failed to get a Court’s Order to have a trespasser evicted before the sixteen-year limitation period.
Additionally, let us also consider a scenario whereby you have been served with a pre-action protocol letter for defamation, in which this particular letter simply states that if you apologize within a certain timeframe, legal proceedings will not be initiated against you. However, you read the letter and chose to ignore it and do nothing, notwithstanding that, you were later served with a claim form and statement of case for defamation, in which you have twenty-eight days to respond to such or default judgment would be entered against you. Again, you ignore such documents and do nothing, now, two months have now passed in which you have since been notified default judgment has been entered against you.
This means, that by your refusal to respond to the allegations in the claim, you have essentially admitted to such allegations, so that a judgment has been entered against you without going to trial. Take note, that a person does have a timeframe to apply to ‘set aside’ or ‘vary’ the default judgment entered against them and allow for a trial to proceed. Such timeframe being set by Part 13.3 of the Civil Proceedings Rules 1998 as “the defendant acted as soon as is reasonably practicable”. Once more, you ignore the notice of the default judgment and do not apply for it to be ‘set aside’ or ‘varied’. Two years have passed since and because you did nothing, where you could have simply responded and defended yourself, you now have to find the money to pay damages for defamation.
Let us now consider a family law scenario. Your spouse serves you with divorce proceedings, but you ignore them. You believe because you have been separated for some time you don’t have to go to court. Multiple correspondences and notices are sent requiring your attendance at court hearings, but you fail to respond or appear.
Eventually, a decree absolute is granted, legally ending the marriage in your absence.
Given that you did not participate in the divorce proceedings, the Court may (at its discretion) unfortunately make orders that may be unfavourable to you. This is entirely possible and often avoidable, if you simply engage in the process.
Finally, consider a situation where you are required, under a court order, to pay $800 per month in child maintenance. You ignore this obligation. As a result, enforcement proceedings may be initiated against you, and under Section 27(2)(b) of the Family Law (Guardianship of Minors, Domicile and Maintenance Act Chapter 46:08 of the Laws of the Republic of Trinidad and Tobago, there may be an Order for your detention and safe custody for failing to pay maintenance arrears. In this case, doing nothing can cost you your freedom.
As these examples demonstrate, doing nothing is not always the safest option. In many instances, inaction can lead to many detrimental and irreversible consequences. In many cases, people delay taking action because they believe the issue will resolve itself, or because they are afraid of legal costs, or because they simply do not understand the seriousness of the situation. Unfortunately, the law does not reward delay or ignorance. Rights can be lost, judgments can be entered and legal obligations can continue to accumulate regardless of whether a person chooses to respond. Time limits and procedural requirements exist for a reason and failing to act within those timelines can produce consequences that are difficult, expensive, or sometimes impossible to reverse. Seeking legal advice early is therefore often far less costly than attempting to fix a problem after significant damage has already occurred. Therefore, take action and do something today; whether it is checking on your property, responding to legal documents, or seeking advice/representation from an Attorney-at-Law; as taking timely action can make all the difference.
Submitted by: Akil Durity
Paralegal
Civil Legal Department
Legal Aid and Advisory Authority
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: info@laaa.gov.tt
Website: www.laaa.org.tt
This article is not legal advice. Consult an Attorney-at-law for legal issues.