Rescind Judgement? We can help. We offer a Free Assessment and Advice
Your High Court or Magistrate Judgement must be rescinded in court (through a rescission application) or unless the 5 year data retention period has lapsed or expired before Credit bureaus will remove a judgment against you.
Need a High Court Judgement rescinded?
Where the judgment was granted in the High Court, it is usually not essential that the judgment debt (e.g. full bond amount) is settled in full in order to have the judgment cancelled or rescinded. If the account is still active and in existence (i.e. 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 judgment.
In terms of the High court rules, we need to prove that judgment was taken/sought- or granted in error and/or that you were not in wilful default of this account. In order to do this, we must try to prove the following:
• Reduced (albeit irregular) payments were made on your account in at least the last 3-6 months before judgment 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 judgment 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; etc.) 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 judgment 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.)
Recent Case Law May Help With Your High Court Rescission Application
Recent Case Law (Please Click) for more information on a recent Constitutional ruling which may positively affect your application or grounds for having the judgement rescinded.
Preparing The Application (Preliminary Investigation)
We first do a brief preliminary investigation into the matter to confirm whether or not there are sufficient grounds on which to proceed with a formal court-/rescission application.
• Send you a questionnaire requesting specific details relating to the judgment account;
• Uplift the court file; obtain- & peruse the court file copies
• Process your questionnaire details; supporting documents (bank statements etc. as per the questionnaire) and all relevant court file documents
• Assess the anticipated success rate of the application – in accordance with High court rules and requirements & the information obtained in accordance with the preliminary investigation.
Proceeding with a Formal Court / Rescission Application
• We will then use your questionnaire details and other supporting information and documents to draft/prepare a detailed founding affidavit on your behalf – setting out the relevant rescission argument(s). The affidavit will then be emailed to you for signature and to be commissioned. Once your affidavit has been signed and returned to our office, we will enrol the matter for hearing on the soonest available court date in the high court, and brief our corresponding attorney and advocate (in the applicable jurisdiction area), on the formal court appearance.
• Once the judgment is rescinded, and a formal court order has been issued by the Registrar of the High court, you will be provided with a copy thereof.
• Rescission Applications (Judgments & Administration Orders)
Removal of Judgement Listing from Your Credit Record (Submitting Court Order to Credit Bureau(s) & Facilitating Listing Removal):
• Once the court order has been endorsed and obtained – we will submit the order to the relevant credit bureaus where the judgment is listed and facilitate formal removal of the judgment listing.
Time Frame for Completion
Please note that, in light of the fact that there are quite a bit of formalities involved in preparing and finalizing a high court rescission application, we cannot give an exact time frame for completion of such an instruction. We can however confirm that, in our experience, a high court rescission application can realistically take anywhere between, at least, 2 to 4 months, depending on various factors (court date availability etc.).
Upon receipt of a formal instruction, we will however expedite the process however and wherever possible, as we understand the urgent nature of such applications.
For more info or to discuss your specific matter and possible grounds for a Rescission Application, please feel free to Contact Us (Please Click)
Magistrates Court Judgement
Need a Magistrates court judgement rescinded?
A court application to have a magistrate’s court judgement rescinded can generally be brought or pursued 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.
We specialize in rescission applications and can assist you in this regard.
For more info, please Contact Us (Please Click)
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
Website and SEO by The Search Engine Company