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Understanding default judgment and rescission applications

Introduction Do you have a judgment against you and wish to challenge this? Your best option is to contest it through the process of rescission of judgments. This legal avenue allows you to seek the setting aside or reconsideration of a court order under specific circumstances.…

Provided By SchoemanLaw Inc

by Robyn Shepherd

Removal from Debt Review

Introduction The National Credit Act (NCA) provides for a mechanism known as debt review, which offers consumers a means of restructuring their debts and avoiding the consequences of default, such as legal action and blacklisting. However, it is not uncommon …

Provided By SchoemanLaw Inc

by Annelise Petzer

Referral to Registrar for a debt or liquidated demand

In Auditor-General of South Africa v Accounting Officer of Gateway Airports Authority (Ltd) and Another [2022] JOL 54182 (LP), the court had to determine whether the claim...

by Merilyn Kader

Can I list a debtor as a bad payer with the Credit Bureau?

A credit-granting business can list a business or an individual who has defaulted on payment, following the National Credit Act (NCA) regulations, directly onto several...

Insurer fails in its bid to set aside order granted in its absentia

A large insurance company’s application to rescind a court order, granted by default, was dismissed with costs in the High Court of South Africa, Gauteng...

by Jean-Paul Rudd

Unanswered summons? Here is your next step

A default judgment is the next step when a party against whom action is brought has failed to defend the claim. It is, therefore, reasonable...

by Robyn Shepherd

Exceptions should only be taken in exceptional circumstances

Rule 23 of the Uniform Rules of Court enables a litigant, within the time-period afforded of course, to deliver an exception in response to a...

DSC Attorneys welcomes court ruling in Andrew Merryweather case

In 2006, Andrew Merryweather was spear-tackled in a brawl, causing serious spinal injuries that left him paraplegic. Represented by DSC Attorneys and with Advocate Whitehead arguing...

by DSC Attorneys

Ethical duties of legal representatives

In Mzayiya v Road Accident Fund [2021] 1 All SA 517 (ECL) an application for default judgment was made by the plaintiff in a motor...

by Merilyn Kader

Some do’s and don’ts when it comes to attaching bank accounts

When judgment is granted, the creditor may issue a document referred to as a warrant of execution at the Court that granted the judgment in...

by Nicolene Schoeman-Louw

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