Upsolve is a nonprofit that helps you get out of debt with free debt relief tools and education. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Get debt help.
In a NutshellIf a judge has issued a default judgment against you, you may be able to have it vacated (canceled) by filing a formal request with the court. This request is called a motion. To successfully have a default judgment vacated, you’ll need to have a good reason for not participating in the lawsuit that led to the default judgment. You should also have your defenses for the original lawsuit prepared. If the court approves the motion, it will review the original debt collection case.
Written by Jonathan Petts.
Updated November 11, 2023
A judgment is a court order. This article focuses on how to vacate a default judgment in a debt collection lawsuit. These types of cases are often heard in a small claims court or a county, district, or superior court. The process varies from state to state, so you’ll need to identify which court your lawsuit was filed in. You can find this information in any of the court papers you’ve received, including the summons or the Notice of Entry of Judgment.
If you get sued by a debt collector and don’t respond to the court summons you received, the judge will likely rule in the plaintiff’s favor by issuing a default judgment against you. The plaintiff is the person who sued you. The same is true if you do respond to the court summons but don’t show up for your hearing or other scheduled court appearances.
You should receive a document called a Notice of Entry of Judgment from the court notifying you of the judgment. Getting notice can be stressful, but it doesn’t have to be the end of the road. In many cases, you’ll have some time to address the default judgment. This is often done by filing a motion with the court to vacate the judgment.
A motion is a legal document used to make a formal request to the court. In legal terms, to vacate means to cancel. You may see different language in your local court that means something similar. For example, it may be called a motion to set aside a judgment, a motion to reopen a judgment, or a notice of motion to vacate judgment.
You may be able to find a sample motion on your local court’s website or resources from a local legal aid organization.
If a judge agrees to vacate a judgment, they essentially cancel or revoke it. In most cases, this puts you back to square one with the lawsuit. It doesn’t make the lawsuit disappear or mean that you win instead. But it does mean that you can now present your side of the case.
In order to get the motion to vacate approved, you’ll need to have and be able to show “good cause.” Many courts define and provide examples of good cause, which include things like excusable neglect, inadvertence, and misrepresentation.
If you were deceived about the court case in some way by the plaintiff, this may be considered misrepresentation. If you didn’t respond to the court case because you were ill or in the hospital, this could be considered excusable neglect. Again, it’s up the court to decide if your reason for not responding meets the standard of good cause.
Another example of good cause is not being notified of the lawsuit. If the other party claims they notified you but you never received anything, you can access court records for your case (often online for free) to see if there is an affidavit of service. This should indicate when and how they served (delivered) the court papers to you. If it’s incorrect, explain why in the motion to vacate.
In some states, you may also need to show that you have a valid defense against the claims brought against you to get your motion to vacate approved. No matter where you live, if the motion is approved, the judge will review your defense to the claims listed in the lawsuit, so you should have these prepared.
You shouldn’t file a motion to vacate a judgment unless you can show good cause and provide any other information or evidence required by your local court. If you don’t have a solid defense against the lawsuit or don’t dispute the plaintiff’s claims, filing a motion to vacate probably won’t be helpful. In fact, it may be harmful. If the judge in the case feels like you don’t have good standing to file the motion, they may deem it “frivolous” and require you to pay the other party’s legal fees related to the motion.
If you aren’t sure if you should file a motion to vacate, you may be able to get a free consultation with an attorney to get some input on your case. You can also see if there’s a local legal aid agency that can provide free help or point you to other community resources for legal help. You can also look for information on your local court’s website. Many have a search box, which can be a helpful way to find things. Search for phrases like “motion to vacate” and “good cause.”