Civil Procedure
Default Judgment
A default judgment is granted when a defendant fails to respond to a summons or court papers within the required time. The court can then grant the plaintiff the relief claimed without a trial.
Legal Definition
When a defendant fails to enter an appearance to defend or fails to file a plea within the required period under the Uniform Rules of Court, the plaintiff may apply for default judgment. The court may grant judgment without hearing the defendant.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Uniform Rules of Court
Practical Example
A creditor summons you for R50 000. You do not respond within 10 days. The creditor applies for default judgment. A warrant of execution is then issued against your assets.
Frequently Asked Questions
Can a default judgment be rescinded?
Yes. You can apply to rescind (set aside) a default judgment within one year under Rule 42 or Common Law, by showing good cause and a bona fide defence.
How quickly can I be summoned to court?
Summons requires at least 10 court days to enter appearance to defend after service. The defendant then has 20 days to file a plea.
Does a default judgment affect my credit record?
Yes. Judgments are recorded at credit bureaus and remain for five years or until satisfied and the bureau is informed.
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