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Thread: Rescission of judgement

  1. #1

    Default Rescission of judgement

    Can a person go personally to the court to file rescission of judgment. I have all the documents from creditors. Does anyone know any reasonable attorneys that assist with this kind of service.

  2. #2

    Default

    Extracts from THIS article:

    The basis for setting aside a default judgment in the High Court inexplicably and unaccountably differs from that which is applicable in the Magistrate’s Court. It is an anomaly that must surely be eliminated without delay.

    <snip>

    Several cases highlight the High Court’s approach, among them Lazarus v Nedcor Bank and Lazarus v ABSA Bank [1]. In both cases the applicants were husbands and wives against whom Nedbank and ABSA had taken default judgments for an amount of R134 000 and R61 000 respectively. The judgment for R61 000 was granted by the Registrar and the judgment for R134 000 was granted by the court.

    The applicants, armed with letters of consent to rescission of the judgments from both banks, applied to court for reconsideration and rescission of the judgments. The court dismissed both applications, pointing out that in the High Court a default judgment may be rescinded on the basis of Rule 31 of the Uniform Rules of the Court or common law. [2]

    The court said that the applicants must show “good cause” as required by Rule 31(2)(b) of the Rules of the Court and maintained that in addition to reasons for default, the applicant had to show that he or she had a bona fide defence to the actual claim.
    --------------------------------------
    More articles:
    The National Credit Act’s Impact on Rescission of Judgments

    Rescission and abandonment of judgments and removal of adverse listings

    Rescission of judgments

  3. #3
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    Default

    Quote Originally Posted by PertuS View Post
    Can a person go personally to the court to file rescission of judgment. I have all the documents from creditors. Does anyone know any reasonable attorneys that assist with this kind of service.
    What kind of judgment was it? Is it a Magistrate's Court judgment? Have the creditors given consent to the rescission?

    You can go personally but you will need to have the Application for Rescission of Judgment drawn up by somebody who knows what they are doing, which will need to be served on the creditors unless they have explicitly waived service and then filed at Court.
    If you can read this, then good for you.

  4. #4

    Default

    Try and go to the office where this is done at the Court, and find an attorney that spends time there. I found someone to assist with a labour matter this way, and was very happy.

  5. #5

    Default

    Haven't you turned for the support to specialists at Credit bureau clearance or something like that? They happen to help people in hard cases..
    Last edited by mySunSet; 19-06-2012 at 03:30 PM.

  6. #6

    Default Rescission of judgment

    I do rescission of judgments on a daily basis, if you want help PM or email me
    Last edited by BTTB; 11-02-2012 at 08:41 AM.

  7. #7

    Default

    Some info in this thread : http://mybroadband.co.za/vb/showthre...nts?highlight=

    I hope this helps!

  8. #8

    Default

    hi, i do this kind of work on a day to day basis. drop me a mail or PM, at and i'll advise you.
    Last edited by BTTB; 11-02-2012 at 08:38 AM.

  9. #9

    Default Rescision of Judgements

    Quote Originally Posted by Chris.Jukes View Post
    hi, i do this kind of work on a day to day basis. drop me a mail or PM, at and i'll advise you.
    Hi Chris, ive been battling to get two letters from both my creditors to apply for rescission of judgement.I paid this back in December 2010 and finally got the requested letters last week after i submitted my complaints to Hellopeter.I actually need to know what my next step should be as i am currently not in a financial position to pay for a laywer to get this cleared from my ITC profile.

    Awaiting your reply in anticipation.

  10. #10

    Default

    Quote Originally Posted by 122celeste View Post
    I do rescission of judgments on a daily basis, if you want help PM or email me
    Hi Celeste, ive been battling to get two letters from both my creditors to apply for rescission of judgement.I paid this back in December 2010 and finally got the requested letters last week after i submitted my complaints to Hellopeter.I actually need to know what my next step should be as i am currently not in a financial position to pay for a laywer to get this cleared from my ITC profile.

    Awaiting your reply in anticipation.

  11. #11

    Default

    afaik you still havent said whether this is for Magistrates Court and whether or not it was a default judgement or not.

    If it was in mag court and it was a default judgement if you pm me the relevant info I can email you a precedent. I am in Durban though and I am not sure whether the different districts have different rules or not. If you happen to be in Durban its very easy PM me incase I dont see this thread again.

  12. #12

    Default

    I know this thread is quite old, but seeing that its on topic I wanted to follow up on this process with the new Amnesty effective from 1 April 2014.

    As far as i understand, once your debt has been paid, Credit bureaus have 2 months to remove any credit info related to judgements etc. Furthermore you no longer have to go to court to do this?

    Does this mean you simply forward the "Consent to Rescission document" that you received from your Creditor to the credit bureaus and they remove the listings?

    Can anyone shed some light on this?

  13. #13

    Default

    From what I understand you need to contact each of the Credit Bureaus and apply to have the judgement removed from your name. Apparently there are 4 (Transunion, Experian, XDS and Compuscan) This must be confirmed.

    For Transunion you call them on 010 003 0192 and log a ticket to get a reference number. You then fax the proof that account is paid in full to them and they will remove it
    For Experian you must email the proof that account is paid in full to 'judgements@experian.co.za', you must then call them to get your reference number.

    I have not had time to contact the other 2 yet. Hope this helps

  14. #14

    Default

    Quote Originally Posted by InusB View Post
    From what I understand you need to contact each of the Credit Bureaus and apply to have the judgement removed from your name. Apparently there are 4 (Transunion, Experian, XDS and Compuscan) This must be confirmed.

    For Transunion you call them on 010 003 0192 and log a ticket to get a reference number. You then fax the proof that account is paid in full to them and they will remove it
    For Experian you must email the proof that account is paid in full to 'judgements@experian.co.za', you must then call them to get your reference number.

    I have not had time to contact the other 2 yet. Hope this helps
    Thanks for the info, I will follow up and post an update here.

    Ive tried to phone Transunion, but they seem to experiencing "high call volumes" due to this whole amnesty thing...

    I really hope its as simple as sending the proof though and getting the ITC listing removed. I really dont want to approach the court.

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