Rescission of judgment
A court process used to ask for a judgment, often a default judgment, to be set aside.
Definition
Rescission questions usually involve why judgment was granted, how and when the papers were served, when the person became aware of the judgment, whether there is a defence, whether the application is late, and whether urgent enforcement steps are underway.
In a South African legal context, rescission of judgment should not be treated as an isolated dictionary word. It usually sits inside a broader civil procedure process, and that process can affect what documents are needed, which deadlines matter, and what next step is sensible.
Key takeaways
A court process used to ask for a judgment, often a default judgment, to be set aside.
Civil Procedure
Book Civil Procedure Lawyer
How it applies
Rescission of judgment often matters when a person is dealing with Default judgment rescission, Judgment discovered late, and Sheriff enforcement after judgment. The term can shape how the problem is described, which facts matter, and what evidence should be gathered.
Related resources such as Summons Response Checklist, Civil Litigation Consultation Pack, and Default Judgment Urgency Checklist help turn the concept into a practical preparation path before a consultation or formal step.
Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Default judgment rescission
Default judgment rescission where the person needs to understand how rescission of judgment affects the next legal step.
Judgment discovered late
Judgment discovered late where the person needs to understand how rescission of judgment affects the next legal step.
Sheriff enforcement after judgment
Sheriff enforcement after judgment where the person needs to understand how rescission of judgment affects the next legal step.
Next steps
What usually happens next
Start by using the definition and related questions on this page to place the issue inside the correct civil procedure pathway.
Use the related resource path for Summons Response Checklist, Civil Litigation Consultation Pack, and Default Judgment Urgency Checklist to prepare documents, dates, facts, or questions before speaking to a lawyer or firm.
When the matter is urgent, disputed, document-heavy, or deadline-sensitive, move from research into lawyer discovery through Default Judgment Lawyers Johannesburg or compare support through Litigation Firms.
Related resources
Resources and guides
Summons Response Checklist
Preparation checklist for understanding and responding to a civil summons.
Civil ProcedureClient Document PackCivil Litigation Consultation Pack
Prepare a civil procedure document pack by organising identity, authority, core matter records, official records, correspondence, financial records, deadline notes, and fee questions.
Civil ProcedureChecklistDefault Judgment Urgency Checklist
Prepare default-judgment urgency questions by organising the summons, service details, judgment notice, sheriff papers, bank or salary attachment records, reasons for non-response, and urgent consultation questions.
Civil ProcedureFAQs
Rescission of judgment FAQs
What is rescission of judgment?
What is rescission of judgment starts with the definition above, but the practical meaning depends on where it appears in the civil procedure process. Use the related Default Judgment term, resources, and lawyer searches to understand the next step.
Can a default judgment be set aside?
Can a default judgment be set aside depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to default judgment rescission. Start with the definition above, then use the related terms and resources to understand the next step.
What documents help rescission?
What documents help rescission depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to default judgment rescission. Start with the definition above, then use the related terms and resources to understand the next step.
What if the sheriff is already enforcing?
What if the sheriff is already enforcing depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to default judgment rescission. Start with the definition above, then use the related terms and resources to understand the next step.
Find legal help
Lawyers and firms
Need help with civil procedure?
Use this term as context, then compare relevant lawyers or law firms for your next step.