Rescission Orders

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Rescission of administration orders and judgments

Administration orders and default judgments can severely impair your financial standing. They close all possible avenues to credit facilities, making large purchases and taking out loans nearly, if not, impossible. Rescission orders are a means of removing these horrid marks.

To obtain rescission orders for administration or default judgment marks, you’ll have to enlist a Credit Rehab attorney to stand in your capacity in the Magistrate’s or High Court. They’ll collect and present evidence that you have satisfied your credit agreements or that a legal professional or judge erred.

How Do I Obtain a Rescission of Judgment?

There are two ways to remove a judgment from your name: obtaining a satisfaction of judgment letter and filing for the annulment of the judgment served to you by a creditor.

Satisfaction of Default Judgment Letter

Once you’ve paid up debts owed to the creditor who filed the default judgment, you can ask them to write a letter stating that you’ve paid off what you owe. This is called a satisfaction of judgment.

After you’ve received the letter, you can submit it to the credit bureaux and dispute the judgment against your name. Credit Rehab can help you request this letter and initiate the credit clearance process.

Rescission of Judgment Application

If you don’t defend a judgment served against you, you automatically have a default judgment filed against you. If this happens, your creditor can file for your wages to be garnished to recover their debt (collected before they reach your bank account) or attach your bank account, amongst other unpleasant things.

Should you feel the judgment against you is not properly substantiated, you can file a motion, called a rescission of judgment, to have the judgment voided. Some reasons a judgment can be voided include:

  • Accidental oversight, a mistake, or that you were neglected in the case.
  • Your creditors defrauded you or misrepresented case facts.
  • The judgment has been released or satisfied.
  • You were not served a summons to court.

Our attorneys can help you file a motion (written notice) and defend against a default judgment.

How Do I Obtain a Rescission of an Administration Order?

After you’ve paid off your creditors in full, you must apply to the court to rescind the administration order and obtain a 74Q Rescission Court Order. You can submit the rescission order to the bureaux to have the administration order removed from your credit profile. Once the mark has been removed from your credit profile, you’ll be able to apply for credit again.

If you would like the help of expert attorneys, contact Credit Rehab. We would love to open the doors to financial freedom.