JUDGEMENTS

A judgement is a court order obtained in a court of law, compelling you to make payment and granting the creditor/plaintiff the right to take action against you in order to collect the judgement debt. Once the outstanding debt is settled, the judgement can be rescinded by the court, provided the creditor agrees, or you can show that there was an error by the creditor in seeking judgement, or an error by the court in granting the judgment. We prepare the application for you, obtain the necessary consent, draft any required affidavit(s) and appear in court on your behalf - you don’t need to be present at the hearing. As most judgements are properly granted, we usually apply for the recission on the basis of the creditor’s consent.

The Credit Information Ombud is appointed to ensure that only accurate and appropriate credit information is reflected on your credit record. Consequently the Credit Information Ombud will help you to have incorrect information removed from your credit record if the credit bureaus refuse to do so.

Unlike the Credit Information Ombud, Mauritz Breytenbach Attorneys is able to remove accurate but obsolete information such as a court judgment, by rescinding the judgement. The Credit Information Ombud is however a very valuable resource, as he can ensure that when you have incorrect information listed on your credit record, it is investigated and removed or amended. This service is completely free. You can find out more by going to the Credit Information Ombud.

This is where a creditor applies to court for the sequestration of his debtor's estate.

A creditor who has a liquidated claim of not less than R100 00 or two/more creditors who in aggregate have a liquidated claim of not less than R200, may apply for the compulsory sequestration of the debtor's estate.

A liquidated claim is a money claim with the amount of which is fixed and terminated either by agreement, judgement or otherwise.