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Thread: Failed prescription because of unknown Default Judgement

  1. #1
    New Member Adream7300's Avatar
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    Failed prescription because of unknown Default Judgement

    I have a DEFAULT JUDGEMENT against me from NEDBANK - a copy was emailed to me from Norton.Lambrianos Attorneys, after I claimed prescription - they say the debt is owing for 30 years and it was done in May 2009 according to the date stamp of the Court in JHB (I live in Tzaneen, Limpopo). I really really did not know about this Judgement or even the summons - the address is not even correct on the summons or on the letter from the sheriff - it says they attached it to the door - what should I do now? See a lawyer to help me further? or must I pay or make an arraingement to pay the attorneys??

    What must a person do if prescription failed because of a unknown default judgment?

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    Site Caretaker Dave A's Avatar
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    If you have grounds to contest the original application for default judgement, you could apply for recission of the default judgement on the grounds of notice not received.

    If, however, the debt was lawfully owed at the time of default judgement, I suggest you'll just be adding to costs.
    Last edited by Dave A; 04-Dec-12 at 01:12 PM. Reason: typo
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    Diamond Member Blurock's Avatar
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    Quote Originally Posted by Adream7300 View Post
    - what should I do now? See a lawyer to help me further? or must I pay or make an arraingement to pay the attorneys??
    If you do owe the money, what reason would you give for not paying? Do the honourable thing and pay your creditors what is due to them. I am really fed-up with people looking for loopholes and excuses to get out of their legal obligations.
    Excellence is not a skill; its an attitude...

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