Having a judgment set aside

In some situations, such as if you have a judgment against you for something you’ve already paid, you can apply to the court to have the judgment set aside.

Applying to the court

You will need:

The application form must clearly state that you wish to have the judgment, made against you on a specified date, set aside.

File these documents with the court where the judgment was given. The court will list the application for a court date. The court will retain the original application and affidavit, and will give you two sealed copies.

It’s your responsibility to ensure that the application and affidavits are served on the enforcement creditor, as both parties must appear on the allocated date.

At the hearing

On the day of the hearing, bring an original affidavit of service showing when you gave the application and affidavits to the enforcement creditor.

If your application is successful, file an original and two copies of Form 59 - Order (DOC, 29.5 KB) with the court. The court will tell the credit reference agency that the judgment has been set aside.

You must then comply with any further order made by the magistrate, include filing other documentation by the deadline, or the other party can apply for summary judgment against you.