Posted by: Shannon | 2013/05/28 16:09
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?
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Credit Report for five years or until the judgment is rescinded by a court.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.
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if it is rescinded by a court of law.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behalf to have the judgment rescinded.
Once the judgment is rescinded and the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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