Debt and Rescission of Judgement: what does it mean?

With the sea of debt problems rising about our ears, it is good to get to grips with some of the laws surrounding debt and its consequences – because with every will in the world, there are always complications. Rescission of Judgement is the end tale of getting into debt. So let’s begin with the beginning. If you have ever defaulted on an instalment or not paid your debt in terms of a credit agreement, and you fail to make amends, you may find that a Default Judgement can be ordered against you. This is usually set in motion by the person or company to whom you owe the money. Default Judgements include the outstanding capital due, interest and legal fees. One would think that sorting out this situation out would be quite simple: just pay the debt and the Default Judgement will be rescinded. But, while getting into trouble can prove rather quick and easy, getting out requires the wheels of justice to turn, and we all know this is not necessarily the fastest motion in the world.


As you enter the room, you can hear a rugby match is underway. One of the Blue Bulls’ most avid supporters is watching one of his heroes score a try. His eyes and face light up as he moves up and down in his chair, making enthusiastic sounds. When you meet Deswill, (16) his excitement and support for the game of rugby and his beloved team are evident, yet he will never be able to participate in the sport himself. Deswill is propped up in a wheelchair, his neck supported by the backrest of the chair, his hands curled on his lap – he has Cerebral Palsy. I meet his mother while on a trip to Cape Town to have his new wheelchair measured for him. Ancia is 34 and fell pregnant with Deswill when she was a mere 16 years old, a high school scholar in Merweville.
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