Default Judgement in South Africa

What is a Default Judgement in South Africa?

A default judgement is a judgement granted without hearing the arguments of the party against whom it is granted.

What happens after a default Judgement is issued South Africa?

In the event of a debtor fails to satisfy the claim outlined in the letter, an attorney will proceed to institute summons against the debtor and have it issued by the clerk of the Magistrates Court and thereafter have same served on the debtor, via a sheriff in accordance with the rules of the court.

How long is a default judgment valid for in South Africa?

A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts.

What happens if a defendant does not pay a judgment South Africa?

If the Defendant does not serve and file such a Notice, the Plaintiff may, after expiry of the 10 day period, apply to Court for granting of Default Judgment, where after Default Judgment will likely be granted against the Defendant.

How long before debt is written off in South Africa?

Prescribed debts are generally contractual and civil debts that should be extinguished or written off after a period – typically three years – from the date when the payment was due.