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.

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