Rescission Judgement | We Offer A Free Assessment

Rescission Judgment. Maricha Brits Attorneys can help, NAtionwide.

Rescission Judgement|Free Assessment and Advice

Need the Rescission of a Judgement? We Can Help, Nationwide

The first step is to make sure that you know what a Default Judgement (Judgement) is.

A  Default Judgement is a court order requested by your Credit Provider when you have defaulted or not paid your debt. A summons is then issued to you. This summons does not necessarily have to be issued to you in person but can be issued to your domicilium (residential address or where the individual has agreed that notices maybe served in the event of a breach of contract).

If you fail to respond to the summons or fail to appear at the court proceedings, the Judgement is issued or granted in Default.

The Judgement is then held or recorded on the system of Credit Bureaus for five years from the date on which it was granted.

 

How can the Rescission of a Judgement Take Place?

A Rescission Application must be carried in the relevant Court (High Court or Magistrates Court)

The Rescission of a High Court Judgement (Rescission Application)

Where the Judgement was granted in the High Court, it is usually not essential that the Judgement Debt ( full bond amount) is settled in full in order to have the Judgement cancelled or Rescinded. If the account is still active and in existence (you are still paying bond installments etc.), then it is essential that at least the arrears on the account be settled and/or the account would have to have been properly maintained/serviced for at least 6months – to a year following settlement of the arrears. This will enable us to submit a proper motivation to your creditor for obtaining a supporting consent to the Rescission Application, or an abandonment of the Judgement.

A Rescission Application can generally take place if:

In terms of the High court rules, we need to prove that Judgement was taken/sought- or granted in error and/or that you were not in willful Default of this account. In order to do this, we must try to prove the following:

•  You made reduced but irregular payments on your account in at least the last 3-6 months before Judegment was granted; and we need to show the court that you had exceptional circumstances which resulted in you falling into arrears with your account; and/or

•  That you had some sort of payment arrangement in place with the creditor and/or their attorneys (or that you were at least in contact with them prior to the Judgement date) and that they informed you/let you to believe that they will halt legal proceedings provided you make specific payments and/or provided you continue making reduced payments (whatever the terms of the agreement was); and/or

•  Whether you received proper notification of legal action, the letter of demand and summons and afforded a reasonable opportunity to defend the proceedings

The fact that an account or the arrears might be paid up, is a good thing (and will be used as part of the Rescission Argument), but unfortunately it is not any basis for bringing the rescission application in the High court.  In the High court, even the consent from the Creditor or their Attorneys to Rescind the Judgment, is not a basis on which the application may be brought (but such consent will be used to positively support the application). We have to attempt to prove that the Judgement was sought or granted against you in ERROR, that there was a payment arrangement in place; and/or that legal notices was not properly received etc.

The Rescission of a Magistrates Court Judgement (Rescission Application)

A Rescission Application can generally take place if:

•  The Judgement Debt or account has been settled and/or

•  The Creditor or its Attorneys have consented to the Rescission Application

•  There are sufficient grounds to prove that judgement was erroneously granted or that there are sufficient grounds to make out an argument that you were not in willful default of the account and/or had no knowledge of the Judgement or legal proceedings.

Maricha Brits Attorneys specialize in Rescission Applications and can assist you, Nationwide.

FORMAL CONSULTATIONS AT THE OFFICE, IN ALBERTON ARE BY APPOINTMENT ONLY

Maricha Brits Attorneys is registered with the Law Society of the Northern Provinces under Practice Number 13532

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