What is a Default Judgment and How Does it Work in South Africa?
If you’ve ever heard someone say “they got a judgment against me, and I wasn’t even in court,” they’re probably talking about a default judgment. It’s a legal decision made by a court when one party doesn’t respond or appear in time — and in South Africa, this can have serious consequences if you’re on the receiving end.
In this blog, we’ll explain what a default judgment is, how it works under South African law, and what you can do if one has been granted against you.
What is a Default Judgment?
A default judgment occurs when one party (usually the defendant or respondent) fails to respond to a legal summons or doesn’t appear in court, and the court rules in favour of the other party (usually the plaintiff or applicant) by default.
In simpler terms, if you’re sued and you don’t defend yourself, the other side can win automatically — not because they proved their case, but because you didn’t show up to argue against it.
When Can a Default Judgment Be Granted?
In South Africa, default judgments are most common in civil cases — especially debt collection matters. Here’s how it usually happens:
- A Summons is Issued: The plaintiff issues a summons (e.g. for unpaid debt) and has it served on the defendant.
- No Response: The defendant has 10 court days to respond (by filing a Notice of Intention to Defend). If they do not respond in time:
- Application for Default Judgment: The plaintiff can request a default judgment from the court.
- Judgment Granted: If the court is satisfied with the documents and proof (such as a signed contract or proof of debt), it may grant judgment without a hearing.
In the Magistrate’s Court, this can often be done administratively, without the need for a full court appearance. In the High Court, a slightly more formal process applies, especially if damages need to be proven.
What Are the Consequences of a Default Judgment?
Default judgments can have serious consequences, including:
- Negative credit listing: The judgment will be reported to credit bureaus, affecting your credit rating.
- Debt collection: The creditor can use the judgment to attach your assets or garnish your wages.
- Legal costs: You may be liable for the other party’s legal fees as part of the judgment.
Can a Default Judgment Be Set Aside?
Yes, under certain conditions.
If you believe a default judgment was wrongly granted against you — for example, you didn’t receive the summons or had a valid reason for not responding — you can apply to have it rescinded (set aside).
To do this, you must usually:
- File an application for rescission within 20 days of becoming aware of the judgment.
- Show “good cause” for not responding (e.g. illness, miscommunication, or lack of proper service).
- Prove you have a bona fide (genuine) defence to the claim.
It’s advisable to seek legal advice or assistance from a legal aid clinic when applying for rescission, as the process can be technical.
How to Protect Yourself
- Open and read all court documents carefully. If you receive a summons, don’t ignore it.
- Act quickly. The court deadlines are strict, and missing them can cost you the case.
- Get legal help early. Legal Aid South Africa or private attorneys can help you file the right documents in time.
