Navigating the complexities of financial credibility and legal intricacies in South Africa can be challenging, especially when it involves a rescission of judgment and its impact on your credit score. A rescission of judgment is a court process that sets aside a judgment previously made, often sought when a judgment has been erroneously made or if the debt in question has been settled. This article aims to demystify how a rescission of judgment can affect your credit score in South Africa and what steps you should take if you find yourself in this situation.

The Relationship Between Rescission of Judgment and Credit Score

In South Africa, a judgment has a significant negative impact on an individual’s credit score. It indicates to creditors that you have previously defaulted on a debt, making you a high-risk individual. However, a rescission of judgment can help in rectifying this situation. Once a judgment is rescinded, it means that legally, the judgment against your name is cancelled, which should positively reflect on your credit record.

How Does Rescission of Judgment Work in South Africa?

To initiate a rescission of judgment, you must file a legal application in the court that issued the original judgment. This process generally requires demonstrating that the judgment was either wrongful, made in error or that the debt has been settled. It's advisable to seek legal assistance for this process to ensure all requirements are correctly met.

The Impact on Your Credit Score

After a successful rescission of judgment, credit bureaus in South Africa are required to remove the judgment from your credit record. This removal should have a positive effect on your credit score, improving your creditworthiness. However, the improvement in your score might not be immediate and can vary depending on the specific circumstances of your financial history.

Checking Your Credit Report

If you’ve had a judgment rescinded, it’s important to check your credit report to ensure that this has been accurately reflected. Reviewing your credit report allows you to confirm that the rescission of judgment has been recorded and to check for any other inaccuracies or issues.

What to Do if the Rescission Is Not Reflected

If the rescission of judgment is not reflected in your credit report, you should immediately contact an attorney or the relevant credit bureau to have this rectified. Provide them with a copy of the court order rescinding the judgment. If the issue is not resolved by the credit bureau, you can escalate the matter to the National Credit Regulator (“NCR”) for assistance.

Conclusion

The rescission of a judgment in South Africa can significantly improve your credit score, enhancing your future financial opportunities. It is important to understand this process, comply with all legal requirements, and ensure that your credit record is updated accordingly. Staying informed and proactive about your credit health is key to maintaining a strong financial standing in South Africa.

If you need assistance with an adverse credit report or rescission of a judgment, contact our offices today to schedule a consultation with one of litigation attorneys who will be able to easily assist you in this regard.