Judgment Removal


1. The first step is to obtain your credit report from the credit bureas get it here

2. The you will have to ontact the attorneys who listed the judgment against  your name, you will find the information on your credit report.

3. You can now negotiate for a settlement amount and arrangement make sure they will give you a consent for rescission of judgment if you settle same.

4. You can now bring an application to remove judgement from your name.

5. Judgements are granted by the courts against consumers who have not paid their debts to a creditor. A judgment is public info & remains on your credit report for five years or until the judgment has been rescinded by a court or paid in full. COnsumers no longer have to get the judgments recinded by a court.

Section 36(2) of the Magistrate's Court Act 32 of 1944 states as follows

If a plaintiff in whose favour a default judgment has been granted agreed in writing that the judgment be rescinded or varied, a court must rescind or vary
such judgment on application by any party affected by it. Consent to rescission of judgment - debt paid in full An application for default judgment, where the plaintiff has agreed in writing       to the rescission, the default judgment can be rescinded or varied. The plaintiff (creditor) has to give written consent and it is important that the consent is a proper consent.

The consent affidavit should include the following:
- Identify the creditor;
- Identify the debtor;
- Identify of the person giving the consent;
- Confirmation of the authority of the person giving the consents and that              person’s official position at the plaintiff (if it is not the plaintiff itself who gives           consent);
 
Confirmation of the existence of a debt, the existence of the default                      judgment and the case number;
- Confirmation of the consent.
The applicant (debtor) needs to serve the application on the plaintiff and a
copy of the application must be filed with the Clerk of the Court.
The application will be set down for a specific date in court.
 
The application is heard in court before a presiding officer and in the event    
that the presiding officer is of the opinion that all the legal requirements have been met he or she will grant the rescission of judgment order.
 
Once the application is granted and the default judgment rescinded and             deleted from the court file. A court order can be issued only after the court has     rescinded the default judgment.

Pure Credit can assist you with this procedure.

Rescinded Judgment


When a judgment by a court has been granted against an individual in error, or when other irregularities have occurred, or if the creditor agrees to the rescission, judgments could be rescinded & removed from the individual's credit report.

Pure Credit can assist you with this procedure.