Quite often, members of the public are unaware of the numerous default judgements granted by our Court’s on a daily basis, and are accordingly unaware of judgements against their names.
One often notices a judgement when a credit check is performed, in seeking to obtain finance from a registered credit provider.
Should a judgement be discovered, we suggest seeking legal assistance as urgently as possible.
Our Court’s require applications for rescission (an application to have the judgement inter alia reversed, and the Court action ‘restarted’) to be brought within specified time frames, which time frames depend on the Court in question.
We suggest contacting our office within 2 days of becoming aware of a judgement, and having the application launched within 20 days of the date of the judgement coming to your knowledge.
Rescission applications have numerous tests that must be met to succeed, however, you can rest assured that the merit thereof will be canvassed during a consultation with our office.
We note, in assessing most default judgements, that the defendant (person against whom judgement was granted) was unaware of the action entirely, as a result of moving residence.
This brings us to the importance of continuously updating your address with inter alia credit providers – most often referred to in agreements as your domiciliumcitandi et executandi.
Notice of change of your address can prevent yourself from being unaware of a Court action, and will provide yourself with time to defend such an action from the outset, as opposed to being blindsided by a default judgement on your credit profile, or through the arrival of the sheriff, Court order in hand.
Should you have any query herein, or require assistance, do not hesitate to contact our office.
Written by Keegan Elliott (Attorney)