Low interest rates makes it easier for credit providers to give you credit. It is however something that can be somewhat disappointing to hear that your application for credit has been denied due to a judgement of 2012 that is against your name at the credit bureau. Thanks to the brilliant masterminds of our law, that does not have to be a your problem anymore; you can apply to rescind (set aside) the judgement granted against you.

A default judgement is attached and registered against your name when a court finds you liable of a debt. For example, you defaulted on your credit card installments in 2011, the credit provider then handed you over to debt collectors and/or attorneys who proceeded to issue summons and subsequently obtained default judgement against you.

Let’s say for argument’s sake, you complied with the default judgement by making monthly payments at the attorney’s office, and accordingly settled your debt and received a paid-up letter confirming that you indeed settled your credit card debts. However, it is 2021, and the said judgement is still against your name unbeknownst to you.

First and foremost, make an appointment to discuss the matter with your attorney! Rescission of judgments can become quite complicated, so it would be wise to weigh your options with your attorney.

Applications for rescission of judgement can be brought in the Magistrate’s court and should be accompanied by an affidavit setting out the reasons for your application. The credit provider who handed you over, can be approached to provide you with written consent to rescind or vary the default judgement so granted against you. Consent rescission is provided for in section 36 (2) of the Magistrate’s Court Act 32 of 1944.

A paid-up debt should most definitely not stand between you and your dream car or house! If you find yourself in this position consult with your attorney today and be sure to take all your proof of payments and statements of account with.