"How do I get a Rescission of a Judgment?" some basic pointers


You have paid off your debt in terms of a judgment, but the credit record companies still have it recorded against your name. They will only update their records with a Rescission of Judgment. Here are some basic things you will need to know to get it done.

Please note that we are only dealing here with Rescission in the Magistrates Court and where you have paid off, or settled, the judgment debt. For more general information please see our note on Rescissions.

A Rescission of Judgment is done by application to the Court where the judgment was granted. You will see on the top of any Court papers, or on most formal records, the Court name and Case Number (for example: Magistrates Court of Cape Town, Wynberg, Goodwood, Kempton Park or Johannesburg, 1234/2010). You must sign an Affidavit confirming your personal details, stating why judgment was granted against you, confirming that the debt has been paid, and that the person or company you owed money to agrees or consents to a Rescission of Judgment.

We will need the following things from you:

• A copy of the Summons, Judgment (default or otherwise), and / or Warrant of Execution.
• The original formal Consent to Rescission Affidavit from the creditor / plaintiff.
• Your original Affidavit as described above (we will draft this for you).

Once we have drafted your Affidavit, you will sign and return it to us. We will apply to Court for a date to make the application for rescission. We will attend Court ask for an Order granting the Rescission of Judgment. If all goes well we will get the Court Order and send it to you.

It is worth noting that a magistrate can always raise queries that might require further information, or even refuse to grant the application. Each case is dealt with on its own merits. Obtaining a Rescission is not guaranteed. Once you have the Court Order for a Rescission of Judgment you can send it to the credit record companies and ask them to update their records. You can also show it to anyone who queries your credit worthiness to prove that you paid off the debt. So if you have paid off your debt and need to update your credit record to reflect this, then contact us and send the documents referred to above.

We will be happy to help.

From the team
MA Cooper Attorneys
With Energy and Experience, giving you Expression