Debt Expert - Tersia van Rooyen

question

Posted by: Shannon | 2013/05/28 16:09

I have a Judgement on my name, for how long will it remain after i have paid up?

My ex has sued me for emotional break down and damage + R 50 000. I was not around at the time when the summons was delivered and now liable for the debt. I would like to know if i make payment arrangements with his Attorneys and settle the amount over a few months if my name will remain black for 5 yrs thereafter?

expert answer

Posted by: Tersia van Rooyen | 2013/05/29 08:31

Hi Shannon, under the National Credit Act in South Africa, information can only be kept or retained on your credit report for a set period of time.  A civil court judgment will remain on your Credit Report for five years or until the judgment is rescinded by a court.

A judgment is granted when a court orders that you make payment on your debt. A legal process is followed before a judgment is issued. A summons is issued to the individual. Legally the summons does not have to be issued to the individual in person, but can be issued or mailed to the individual’s home address. 

The summons informs you of the court appearance and allows you to come forth to represent yourself.  If you fail to appear in court, the judgment is issued. 

A judgment can only be removed before the end of the five years if it is rescinded by a court of law.  A lawyer can apply to the court (the same court that granted the judgment) on your behalf to have the judgment rescinded. 

Once the judgment is rescinded and the credit bureau has received the rescission order, the credit bureau will remove the judgment from your Credit Report.

The information around the name of the court and case number for the judgment is contained in your credit report.  Get your TransUnion Credit Report on www.mytransunion.co.za or on 0861 482 482.

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user comments

Posted by: mos | 2013/08/22 03:20
i want to know how will i know after paying all debts that iam not blacklisted
Reply to mos
Posted by: Anonymous | 2013/06/28 12:00
My husband bought a house 4 yeas ago but he didnt occupy the house reason being the the previous owner didnt want to us to movein she claimed that the house belong to her we sent several emails to the bank explaining the problem but there was not hel , 2 yeas ago we decided not to payn the house and the bank auctined the house likely someone bought the house and there was an amount of R35000 needs to be paid by us and we paid the money last month , Now my husband has a judgement against the bond, even though we paid them in full.Where can he go to remove his nam at Transunion we have a letter stating that the account has been paid in full we got the letter from the bank. Please advise
Reply to Anonymous
Posted by: GT | 2013/06/23 11:22
I ahve a judgment against my name for the bond. According to transunion report, the judgement will reach its 5 year period by December 2013. The bond is a joint bond, i am the one responsible for the payment and any related matters towards the bond. The account is up to date, no more arreas instead i am paying even more than the monthly payment for more than two years. i want to transfer joint bond to single bond on my name, i can't do with because of the judgement and the bond cannot be paid up anytime soon. Please advise
Reply to GT
Posted by: Colin | 2013/06/07 17:22
Just like to know why transunion has me still blacklisted after 7 years
Reply to Colin
Posted by: Bok | 2013/06/07 13:54
It seems from your question that the judgement against you was obtained during/ after a divorce case. From a similar kind of experience, that kind of judgement does not appear on you credit report, it does not have its origin in any debt agreement and you did not default on any payments in tem of a debt agreement.
Reply to Bok
Posted by: Timothy | 2013/06/01 00:02
If tou are under dept review,is your name automatically blacklisted
Reply to Timothy

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