This occurs in most cases where the Court granted a default judgment for payment of debt and the Defendant failed to serve and file a notice of intention to defend the matter to prove that you do not owe the money claimed.
The Applicant (previously the Defendant) must serve and file an application for rescission of judgment within 20 days of becoming aware that judgment has been obtained against him.
In order to succeed with the rescission of judgment application, the Applicant must show to the Court that:
- There is a reasonable explanation why the matter was not defended;
- The application is bona fide and not made with the intention to delay Plaintiff’s claim;
- The Applicant has a bona fide defense, which means legitimate reasons why the matter was not defended; and
- The judgment creditor, the previously Plaintiff, provides consent in writing to the rescission.
It is important to have any judgments obtained against you rescinded as it will have a negative impact on your credit profile.
Once the court has rescinded the judgment, a copy of the court order must be sent to the credit bureau to update their records
Contact Rosa Van Niekerk Attorneys on 010 110 9500 and schedule a consultation to apply to have your judgment rescinded.
Article written by: Nthabiseng Sefudi
Rosa van Niekerk Attorneys