Criminal Litigation
A criminal case involves an acting representative of the government, generally a prosecutor, attorney, pressing charges against individuals or entities suspected of committing crimes. Crimes, and hence criminal cases, can be defined as those actions or disputes where a violation of public law occurs. For criminal cases, the alleged crimes may have also afflicted victims in a manner that also warrants civil suits being filed, which will allow victims to collect damages for their injuries and losses.
Civil Litigation
Civil cases are initiated when a wronged party, the plaintiff, files a complaint with the court of appropriate jurisdiction. The delivery of this complaint against named wrongdoers, known as defendants, is the action known as filing a lawsuit or bringing suit. While civil cases may involve criminal actions, these trials are completely separate from the proceedings of a criminal trial. Additionally, civil cases cover the gamut of disputes, disagreements, and grievances a plaintiff feels cannot be resolved sufficiently with defendants without court intervention.
Within the legal system, various types of civil cases may include:
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Child support
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Child Custody
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Alimony
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Contractual disputes
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Product liability
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Class action suits
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Wrongful death
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Intellectual property disputes
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Libel, slander, and defamation of character
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Estate planning disputes
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Property and zoning disputes
Family Law
Family law or matrimonial law incorporates family matters and domestic relationships such as marriage and civil unions, divorce and annulment, child custody and the best interests of the child, maintenance, child abuse and domestic violence.
Rescission of Judgment
If a plaintiff in whose favour a default judgment has been granted agreed in writing that the judgment be rescinded or varied, a court must rescind or vary such judgment on application by any party affected by it. Consent to rescission of judgment - debt paid in full.
Judgments are listed on the debtor’s credit profile – also known as being blacklisted.
In the event that a debtor has repaid the outstanding debt, legal fees and interest the debtor will only then be permitted to apply for the rescission of judgment.
South African law provides for a default judgment (the judgment) to be rescinded.
No provision is made in SA law to rescind a lawfully granted judgment where the judgment debt has been satisfied or discharged simply because the judgment is prejudicial to the applicant’s business activities - that is a negative credit rating.
Section 36(2) of the Magistrate’s Court Act 32 of 1944 states as follows:
If a plaintiff in whose favour a default judgment has been granted agreed in writing that the judgment be rescinded or varied, a court must rescind or vary such judgment on application by any party affected by it.
Consent to rescission of judgment - debt paid in full.
An application for default judgment, where the plaintiff has agreed in writing to the rescission, the default judgment can be rescinded or varied.
The plaintiff (creditor) must give written consent and it is important that the consent is a proper consent.
