Rescission of Judgement

Clear Your Name.

Judgments against your name can be removed.

Depending on the grounds upon which a judgment has been obtained by a creditor there are legal remedies available to have the judgment removed from your profile.

  1. Judgment granted in your absence or in error

Many creditors obtain judgment due to the debtor not defending a claim. Should you have no knowledge of legal proceedings having been instituted against you then rescission of the judgment is possible. To be successful one must:

  • Make application to court seeking rescission of judgment as soon as possible after gaining knowledge of the judgment.
  • Set out a defence to the creditor’s claim or facts proving that judgment was granted in error.

 

  1. Judgment where claim has been settled

Where a creditor’s claim has been settled the judgment will be rescinded upon proof being produced. The creditor’s consent may also be obtained. Where such consent is obtained the court will rescind the judgment without the need for any further proof having to be provided to the court.

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