Judgment Removals
When you are liable for a debt, your creditor has the right to institute legal proceedings against you. In circumstances where you either did not defend the legal action or it never came to your attention, your creditor will obtain a judgment or against you.
South African law, however, allows you to approach the Court and request that the judgment is removed from your name and credit profile. This is done by way of an application for Rescission of Judgment.
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What is an application for rescission of judgment?
When you are liable for a debt, your creditor has the right to institute legal proceedings against you. In circumstances where you either did not defend the legal action or it never came to your attention, your creditor will obtain a judgment or against you.
Credit bureaux register these judgments and log it to your specific credit profile, in effect blacklisting you.
South African law, however, allows you to approach the Court and request that the judgment is removed from your name and credit profile. This is done by way of an application for Rescission of Judgment.
Instances where we can rescind a judgment on your behalf?
- If you have a valid defence to the claim that you did not raise (because, for example you did not receive the Summons). In these cases, you need to apply for the judgment to be rescinded within twenty (20) days of finding out about it.
- If the judgment debt has been paid in full within a reasonable time (of finding out about the judgment).
- If the judgment creditor (person/company who obtained the judgment) gives his/her consent to the rescission.
What is the process for an application for rescission of judgment?
- We will assess your unique personal situation and advise whether you qualify to have the judgment listed against your name rescinded.
- Once you qualify, we draft an affidavit on your behalf setting out the circumstances warranting the rescission of the judgment.
- We apply for a date in the applicable Court and attend to the application on your behalf.
- Once we receive the order rescinding the judgment, we send it to the Credit Bureaux to update your credit profile.
- It is important to remember that the decision to approve the application and grant the order will always lie with the Magistrate.
ABOUT US
We pride ourselves in our ability to provide our customer with legal services that will allow them to achieve their financial goals with the South African judicial system.
Years of experience combined with our ruthless ambition to over-achieve by providing turn-key legal services ensure that we offer our customer viable and attractive solutions.
Our team is well versed in the highly refined service set we provide, this ensures that we can provide customers with rapid services, backed by our experienced commitment.
OUR SERVICES
We offer the following services
DEBT REVIEW REMOVALS
ADMINISTRATION ORDER REMOVALS
SEQUESTRATIONS
JUDGMENTS REMOVALS
SECTION 65 PROCEEDINGS
REASONS CLIENTS CHOOSE US
QUICK TURNAROUND TIMES
Our dedicated team puts a heavy focus on rapid response and continuous feedback to our loyal client base.
CLIENT COMMITMENT
At DS4U Legal, our first and most important commitment lies in the trust and service offered to each of our clients.
SPECIALISED SERVICE
Since we only offer a few services, they are highly specialised ensuring you get the best service provided to you.