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Thread: Rescission of judgement

  1. #11
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    Thank you so much for your response. We will follow it up

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    Hi There

    I hope someone can assist me with mu query.

    My husband made a motor vehicle accident in 2008, he drove in to a rented car. He then went with the lady to police station and gave all his particulars.
    We then tried contacting the insurance people to pay the damages, they then gave us a name of someone who we need to contact. I then tried calling the person everyday but I always just seem to get through to his PA.We tried several times to get through to the people who we were told to contact to no avail. 2 years down the line someone rocks up at my husbands door step and hands him a courts summons. Which i don't understand, they never contacted him via telephone or post. Anyway he then appeared in court for this case. He had such a wonderful credit report as he doesn't really like to buy things on credit, we then went to renew our phone contracts and he is told he has a judgment on his name they cannot help us. I then contact the lawyers who we are paying and ask what exactly are we paying for why are they giving us double due as to what the accident value was. the lady sends me the court letter, the quote and to my surprise the Fax i sent in 2009. So please tell me if they received my fax where I ask them who and when we must pay, why did they have to take the case to court and put a judgement on his name? why did they have to make a very good payer into a bad one? I hope someone can help as he cannot renovate our home or buy a new car - if something must be done I have to do it. We did not run away or refuse to pay, we actually wanted them to contact us instead they were so lazy and not doing their jobs and we now have to pay the price.

  3. #13
    Diamond Member Citizen X's Avatar
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    Quote Originally Posted by NuriEly View Post
    Hi There

    I hope someone can assist me with mu query.

    My husband made a motor vehicle accident in 2008, he drove in to a rented car. He then went with the lady to police station and gave all his particulars.
    We then tried contacting the insurance people to pay the damages, they then gave us a name of someone who we need to contact. I then tried calling the person everyday but I always just seem to get through to his PA.We tried several times to get through to the people who we were told to contact to no avail. 2 years down the line someone rocks up at my husbands door step and hands him a courts summons. Which i don't understand, they never contacted him via telephone or post. Anyway he then appeared in court for this case. He had such a wonderful credit report as he doesn't really like to buy things on credit, we then went to renew our phone contracts and he is told he has a judgment on his name they cannot help us. I then contact the lawyers who we are paying and ask what exactly are we paying for why are they giving us double due as to what the accident value was. the lady sends me the court letter, the quote and to my surprise the Fax i sent in 2009. So please tell me if they received my fax where I ask them who and when we must pay, why did they have to take the case to court and put a judgement on his name? why did they have to make a very good payer into a bad one? I hope someone can help as he cannot renovate our home or buy a new car - if something must be done I have to do it. We did not run away or refuse to pay, we actually wanted them to contact us instead they were so lazy and not doing their jobs and we now have to pay the price.
    Hi NuriEly,
    A lot of emotive issues there. I can understand!
    The better approach is to deal with the fact of judgment. Once a creditor has already obtained judgment arguing the questions of fact at this stage won’t change that detrimental situation. Bear in mind that a judgment debt is collectable for 30 years. In practice one of two things can be done(one of which is already not an option for its deadline has come and gone); 1: Appeal the judgment: Not an option as you only have a few days to appeal and even when you appeal it must be on legally valid grounds. 2: Review: This remedy is reserved for cases where there were procedural irregularities such as bias, gross irregularity in civil court procedure etc.
    So your predicament is not an easy one to advise satisfactorily on as you already have a judgment. Should you feel so bereaved to a point where you feel the attorneys who obtained the judgment acted unethical or dishonorably, you may report them to the law society with which they are registered, failing which you can apply for rescission of judgment which requires full payment, a consent to rescission affidavit and an attorney to do the actual rescinding.


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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Vanash Naick View Post
    failing which you can apply for rescission of judgment which requires full payment, a consent to rescission affidavit and an attorney to do the actual rescinding
    A note on this, as quite often folk don't know a lawyer to turn to - Quite often the lawyers who took the judgement will also rescind the judgement for a pretty nominal fee - once the debt is paid up, of course. You just need to ask. Going that route saves a lot of running around chasing affidavits too, and will more often than not work out cheaper than getting your own lawyer involved.

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    Diamond Member Justloadit's Avatar
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    What intrigues me is how a judgement came to pass with out them knowing about it.

    Was there no effort to find them?
    Is this purposely done to extract more out of the victim?
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Justloadit View Post
    What intrigues me is how a judgement came to pass with out them knowing about it.
    I have to say I pondered over this little snippet for some time:

    Quote Originally Posted by NuriEly View Post
    Anyway he then appeared in court for this case.
    But I couldn't think of anything constructive to say out of it that would move the matter forward at this point.

    Clearly there was awareness. Perhaps not enough understanding of what could have been done at the time and the consequences thereof.

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    Quote Originally Posted by Dave A View Post
    You're pretty light on detail as to what happened in court. Did you raise the issue of the plaintiff's failure to respond to your approaches to them?
    Hi Dave,

    I went to court saw the Sheriff of the court and he told me all that it was not necessary to appear in front of a judge. He then just gave me a some documents to sign, an affidavit of damages, quote ect. He then told me all I need to do is call the attorneys and make arrangement for payment. My problem is that they had my details, my phone number, address ect and I even tried contacting them for 2 years but yet they still did not bother contacting me, they just took the easy way out and put a judgement on my name, i did not intentionally drive into the car and besides their was nothing wrong with car I drove into. I did not run away or tell them I do not want to pay them, I have proof that they received my fax in 2009 and that did not contact me after i sent them the fax. I asked the lady what am I paying for and why so much she sends me the fax i sent them in 2009? How can they get away with things like this, If anyone looks at my payment profile they will see i do not run away from debt I pay for things i need. So why must i get punished so harshly if i was trying to get hold of them?

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    Site Caretaker Dave A's Avatar
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    Vanash did a post a while ago on what to do if you receive a summons and intend to defend.

    Perhaps a post on what to do when you receive a summons and want to settle (without risking running foul of court processes) wouldn't go amiss.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Settling is not good for the legal bills.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  10. #20
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    Settling is not good for the legal bills.
    Obviously first prize is a negotiated settlement agreement where each party is responsible for their own legal costs

    My concern arising from the case above is MZEly appears to have been seeking a settlement, but did not know what to do at that point to press vigorously for a settlement and ensure a judgement was not taken against him.

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