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Thread: Rescission of Judgements

  1. #1

    Default Rescission of Judgements

    How do I go about having judgements that have been paid up removed from my credit profile the various credit bereaus has? Can I send my paid up documents including "Consent to rescission of judgement" letters from the banks directly to the various credit bereaus to have my credit history updated? Or do I have to go through lawyers to do this?

    What does Rescission of Judgement mean? Will the judgements be removed from my credit profile?

    What would be the easiest, cheapest or most effective way of doing this? I received a quote from Logan Attorneys of R3500 per judgement. Thats R7000 in my case.

    What alternatives to I have? I want to purchase my first house early next year. Will I be granted a homeloan with these judgements paid up but still showing on my credit profile? I was told by a banks homeloan consultant that I need to have a credit score of over 700 for the banks to consider my application. My credit score is now 777.

  2. #2
    Super Grandmaster
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    Default

    Since a court of law issued the judgements against you, only a court of law can rescind them. Until such time as that takes place the credit bureaus will retain records of the judgements.
    Just because no one saw it doesn't mean it happened.

  3. #3

    Default

    Hi

    You will be automatically disqualified for finance by the banks if you have a default judgement unfortunately.
    What I want to know is. Does one have to use an attorney to get the judgement rescinded. Can one go about the process yourself and apply directly to the magistrate? What is the process and what is the turnaround?

    Thanks in advance.

  4. #4

    Default

    If you consider applying for the rescission yourself, you will have to get your file from the court where the judgement was instituted from, apply for a court date at that court and represent yourself in court.

    I have gotten an attorney to have my 2 judgements rescinded and have the judgement information removed from the various credit bereaus. Cost is R1900 x 2 = R3800. Turnaround time from payment of the attorney to removal from ITC is 6 to 8 weeks. Add 2 weeks for the festive season closure.

    Another attorney charged me R1000 per judgement and I would have to try and remove the judgements from the credit bereaus myself. I never went this route because I spent more than R200 airtime just being on hold for Transunion ITC, I never got to speak to anyone there yet.

  5. #5

    Default

    I've gone with the attorney who charged me R3800. Both judgements were successfully removed and now I have a clear credit record. No signs that the judgements ever existed!

  6. #6

    Default Judgements rescinded

    Hi Marco79

    Are you able to pass on contact details for the attorney that helped you please.

    Thanks

    Samantha-Jane

    Quote Originally Posted by marco79 View Post
    If you consider applying for the rescission yourself, you will have to get your file from the court where the judgement was instituted from, apply for a court date at that court and represent yourself in court.

    I have gotten an attorney to have my 2 judgements rescinded and have the judgement information removed from the various credit bereaus. Cost is R1900 x 2 = R3800. Turnaround time from payment of the attorney to removal from ITC is 6 to 8 weeks. Add 2 weeks for the festive season closure.

    Another attorney charged me R1000 per judgement and I would have to try and remove the judgements from the credit bereaus myself. I never went this route because I spent more than R200 airtime just being on hold for Transunion ITC, I never got to speak to anyone there yet.

  7. #7

    Default Rescission by Yourself

    I had three judgements against my name, I got money from my boss paid the creditor.After receiving payment I got 3 PD up letters as well as a consent to rescind letter(most important).Took these to the court where the judgements were made.filled in the application of rescission of judgement with the court clerk and then after recieving that docs signed by the judge,I faxed them to Transunion.waited 20 working days and clear record as if it wasn't there.Logan attorneys told me that they were the only ones who could do this as I could not get a court date myself....waited in line for 1hour max thats it no R6000. as quoted.

  8. #8

    Default

    surely you can contact the court yourself? ask someone there. these court people do know a thing or two. it may take some time but try it. i would contact the courts as it would seem they are the ones who do the rescissions.
    i wouldn't know otherwise i've never had credit and can't get credit either as i have no record to substantiate me.

  9. #9

    Default

    I wish someone can help me from the court, i managed to obtain the letter that confirms settlement of my debt, and i tried to personally contact the court where the judgement was passed, the lady (clerk of the court) insists i must get a lawyer, she gave me contact details of the lawyers and i explained to her i do not have money to pay lawyers, i asked if she can please explain the process if i do it myself, she was very rude to me and told me that there is no way i can do this, i must get this lawyer to help me with the application, is it that difficult? i can for sure read and write English.
    Last edited by nomondep; 23-06-2010 at 02:40 PM.

  10. #10
    Grandmaster
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    Default

    Did you ever come right with this? Im having problems myself with this at the moment.

  11. #11
    Grandmaster
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    Default

    You just went to the court and they sorted it out for you there and then?

  12. #12

    Default Doing it yourself

    Quote Originally Posted by marco79 View Post
    If you consider applying for the rescission yourself, you will have to get your file from the court where the judgement was instituted from, apply for a court date at that court and represent yourself in court.

    I have gotten an attorney to have my 2 judgements rescinded and have the judgement information removed from the various credit bereaus. Cost is R1900 x 2 = R3800. Turnaround time from payment of the attorney to removal from ITC is 6 to 8 weeks. Add 2 weeks for the festive season closure.

    Another attorney charged me R1000 per judgement and I would have to try and remove the judgements from the credit bereaus myself. I never went this route because I spent more than R200 airtime just being on hold for Transunion ITC, I never got to speak to anyone there yet.
    I want to get 1 judgement for 1500 removed - I heard some states won't provide the forms I from Saint Louis Mo. Which state were you successfull in?

  13. #13

    Default

    You perhaps want to try a forum with a user base in the USA? South African users are unlikely to be able to help with US law.

  14. #14

    Default

    hi marco, im eddie from stanger in KZN can you please provide me with details of a laywer who helped you to rescission. my debt is R6000 from Nedbank i took a loan in 8 years back for studies at university. please help me i cant even open a account or buy a car of my own because of this judgment. cell 0829673616 / 0829673616@vodamail.co.za.

    please marco help me.

  15. #15

    Default

    A rescission application is made in terms of rule 49 of the Rules of the Magistrate's Court (you can get the Rules from the DOJ website). An application is made by the judgement debtor to the Court. Attached to the rule 49 application is a consent from the creditor.

    Any court application can be amde without the need for an attorney, but an attorney will ensure that the the rules for service etc are complied with. If a court
    application deviates from the rules in anyway, no matter how small, a magistrate is not allowed to grant that application until it is rectified.

    Once the application is granted you must prepare an order that restates what was prayed for in the rescission application, the main differences being that it is entitled "Order" and there must be a place at the bottom for the place, date, etc, but most importantly there must be a place for the clerk of the court to sign the order. They will check the court file to ensure that the order is in line with what was granted during the application.

    If a clerk at any court brushes you off ask for the supervisor. Counter staff are often fairly junior. The quality of the personnel in the courts can vary enormously from court to court.
    Last edited by seted; 14-07-2011 at 01:57 PM.

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