Judgment Rescission: Our Legal Solution to Clear Your Name
A judgment is the most damaging credit listing. Our legal team specializes in the court process to have it removed.
A judgment on your credit report is the most severe negative listing a consumer can face. It is a formal court order and a public record of your failure to pay a debt, making it nearly impossible to get credit. Simply paying the debt does not make it go away. The only way to remove it is through a formal court application called a rescission.
This is a specialized legal service that forms a core part of what Dispute It offers. It is not something a consumer can do without legal representation.
What is Rescission of Judgment?
Rescission is a legal process where we apply to the same court that granted the judgment to have it officially "cancelled" or "taken back." If the court grants the rescission order, the judgment is legally nullified, and the credit bureaus are legally required to remove it from your report.
The Legal Grounds for Rescission
Our legal team can apply for a rescission on two primary grounds:
The Judgment Debt and Legal Costs Have Been Paid in Full: This is the most common path. Once the debt is settled, the creditor must provide consent to the rescission. Our team manages the settlement and secures this consent.
The Judgment Was Granted Improperly: We investigate the history of the judgment. If we find a procedural flaw, we can apply to have it rescinded. Common flaws include:
- You were not correctly served with the summons, meaning you were unaware of the legal action.
- The judgment was granted in a court that did not have jurisdiction (e.g., in a different province).
- The judgment was granted for a debt that had already prescribed.
Our Expert Legal Process
Step 1: Case Assessment and Settlement
Our legal team first analyzes the judgment and the underlying debt. We then negotiate a settlement with the creditor's attorneys and obtain their formal "consent to rescission."
Step 2: Drafting and Filing Court Papers
We draft a comprehensive court application, including a "Notice of Motion" and a founding affidavit. This application is professionally prepared and filed at the appropriate Magistrate's or High Court.
Step 3: Court Appearance
Our attorneys represent you in court. Because our applications are meticulously prepared and usually on consent, the hearing is typically a formality where the Magistrate or Judge grants the rescission order.
Step 4: Serving the Order and Clearing Your Report
Once we have the final, stamped court order, our team serves it on all major credit bureaus (TransUnion, Experian, XDS). The bureaus are legally bound to act on a court order and must remove the judgment from your profile.
Step 5: Final Confirmation
We follow up relentlessly to ensure the judgment is removed and provide you with a clear, updated credit report, often with a dramatically improved score.
A judgment is a legal problem that requires a legal solution. Let the experts at Dispute It handle the entire court process for you and restore your financial standing.
The credit repair process is complex and requires specialist knowledge to ensure success. Don't risk handling it alone. Our experts at Dispute It are ready to manage your case and deliver results.