Rectifying Judgments Against Your Name

It happens that at some point a court may grant judgement against you or your company. In the event that this is a monetary judgment, this may reflect poorly on your financial profile or the image of your business. Below are the various ways in which your attorney may assist you in rectifying this situation.

1. Rescission

If you believe the judgement was granted in error, without your knowledge or by default and you would like to argue the matter at trial, your attorney can assist you with an application for rescission based on the fact that judgement was granted without your knowledge.

If judgement was granted against you or your company for a monetary amount and this amount has since been paid up, you may approach a court for rescission of this judgement either by consent of the other party or unilaterally approaching a court indicating that it has since been paid up.

2. Appeal

If your matter has been to trial in either the magistrate’s court or high court and judgement was granted in favour of the opposition, you may approach the high court to have the matter heard on appeal. Your attorney will advise whether your matter has good prospects for appeal or not. Appeal proceedings are not for a second bite at attempting to argue the matter, but to rectify something which may have been misunderstood by the presiding officer in the initial trial.

3. Counterclaim

A counterclaim is not in the same category as rectifying a judgement, however it is worth noting that in the pleading phase of litigation, once summons has been received, you as a defendant have a right to claim against the plaintiff in the same action, should you have a legitimate claim against them.

4. Leave to Approach on Same Papers
 

Frequently in certain matters, especially in the High Court, a judge may grant judgement against you allowing you to approach the court with supplementary evidence to support a change in position. This situation often arises in matters involving parent’s rights in respect of their children. In such a matter, the court may allow the parents to bring further evidence showing a change in their circumstance in an attempt to have certain rights reinstated.

Conclusion

In the unfortunate event that you find yourself on the end of a judgement against your name, feel free to contact our offices so we may assist you in the best course to have this rectified. Our friendly and knowledgeable attorneys will endeavour to research and advise the best way forward in your matter.