Sunday, December 6, 2009

Procedure of a rescission of judgement

If you follow all the steps correctly the procedure of a rescission of judgement (www.creditsalvage.co.za) is quite easy to understand. You would only be entitled to apply for the rescission of a judgment that was granted against you if the other side consents thereto in writing or, that failing, if you can show that at the time that the judgment was entered, you were not in wilful default and that you had a valid and bona fide defence to the action instituted against you. You get consent for rescission of judgements

If you get such consent it is a relatively simple matter to have the judgment set aside. In most courts you have to bring a substantive application to obtain the rescission. In that case, you will have to use an attorney who will charge you about R1500 plus VAT for his services. In other courts, all you have to do is get a rescission of judgements form from the clerk of the court, take it to the creditor to sign and then take it back to the court. They will then rescind the judgment on your behalf at no cost to you. You don't get consent for rescission of judgements.

You can successfully apply to court for a rescission of the judgment only if you can show that at the time that the Judgment was entered, you were not in wilful default and that you had a valid and bona fide defence to the action instituted against you.

Removal of trace alert.

When people talk about the removal of a trace alert it is a colloquialism for a removal of a credit default. For removal of trace alerts(www.creditsalvage.co.za) it is important to know the following: Trace Alert listings remain on file for three years, and if you really owed the money, there is nothing you can do to have them removed, even if you have now repaid the debt in full.

Your only real hope when it comes to removal of trace alerts then lies with the office of the Credit Information Ombudsman. But he can only order the early removal of trace alerts if you meet all of the following three criteria: You defaulted due to circumstances beyond your control (such as retrenchment, or your business went into liquidation);You showed an intention to honour your debts and communicated proactively with your creditors; and you have been rehabilitated (paid the debt in full).

For more information of removal of trace alerts go to: www.creditsalvage.co.za

Removal of Notices

This article will explain removal of notices (www.creditsalvage.co.za) Notice information includes statutory judgements i.e. a Sequestration or Administration Order. These are issued when a consumer cannot pay or administer his/her debts. To qualify for removal of notices: A consumer that has been sequestrated may be rehabilitated. Similarly, a person under Administration can pay up his/ her debts and the Administration Order is then rescinded.

It is important to remember that when it comes to removal of notices: Sequestrations will remain on record for ten years unless the consumer is rehabilitated. The sequestration is removed and the rehabilitation notice will remain for a further five years thereafter. Administration Orders are recorded for 10 years unless rescinded in which case the Administration Order is removed. For more information on removal of notices please go to: www.creditsalvage.co.za