According to South African law, you have the right to ask a court to annul (set aside) a judgment against you. If you don’t show up in court and can’t convince the judge that you don’t owe the money for any reason, a default judgment for payment of the debt will usually be issued against you.
What is the duration of a judgment in South Africa?
When a valid summons is served on you and you refuse to answer it or pay the amount demanded, the court grants a judgment. A judgment stays on your credit report for five years, unless it is fully paid off or the court orders its revocation.
How long does it take to receive a South African Judgement?
Judgments must be delivered by judges within three months. However, in South African courts, more than two thirds of reserved rulings have remained unresolved for longer. Judges are required to render decision in accordance with Chief Justice Mogoeng’s 2014 guidelines within three months.
How long is a judgment in effect?
After ten years, money judgments automatically expire (run out). The creditor must ask the court for a renewal of the judgment BEFORE the 10-year period to avoid this from happening.
What occurs following the granting of a default judgment in South Africa?
The plaintiff who received the default judgment accepts, in writing and in the appropriate form, for the judgment to be overturned;If no consent is given, the defendant has 20 days from learning of the judgment to apply to the Magistrate’s Court for rescinding the judgment.
In South Africa, does a civil judgment ever expire?
No writ of execution may be issued after a judgment has expired for three years unless the debtor agrees or the judgment is reinstated by the court with notice to the debtor (in which case no more evidence of the debt is needed) (Rule 66, Uniform Rules of Court)