Consumer Law > Consumer Rights and Remedies in the Legal Process > When and How a Consumer can have a Judgement Rescinded
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When and How a Consumer can have a Judgement Rescinded

A consumer can apply to court to have a judgment rescinded (set aside), either if it was granted in error or if the debt has been settled.

The court will only rescind a judgment in error if:

  • The judgment was given without the consumer being present at court (i.e. the judgement was by default), and
  • The consumer applies for the rescission within twenty (20) days after they become aware that the judgment was taken, and
  • They want to defend the claim and can set out in an affidavit why they did not defend the case originally and what their defence against the claim is

If the consumer has settled their debt, the application to court must include a letter from the creditor confirming that the debt is settled and they have no objection to the consumer having the judgment rescinded.

Usually applications to court are done by an attorney. If the consumer wants to save on these costs, they can also do it by themselves.