Home> Credit Library

HOW TO VACATE A DEFAULT JUDGMENT

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing. You cannot appeal this kind of judgment and have a new trial until you “vacate the default judgment”, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following:

1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.

2. Fill the form out and file it with the small claims clerk with a filing fee. You must do this within 30 days of the date of mailing that written on the Notice of Entry of Judgment you received from the court. You should have a good reason for not having appeared in court when you were supposed to.

3. If the reason you did not go to court was because you were not served with a copy of the claim, you have up to 180 days after you find out about the default judgment against you to file the Notice of Motion to Vacate Judgment form. Filing the Form. When you file the form, the small claims clerk will set a date on which you and the person suing you are to appear in court. The judge will decide whether to vacate the judgment against you or not.

To help the judge decide in your favor
Bring whatever evidence you can to the hearing to show why you were unable to come to court the first time. An example of what to bring might be a letter from a doctor or a hospital bill. If the judge agrees to vacate the judgment. The original case will probably be heard right then. Be prepared to tell your side of the story and present your evidence in an organized and concise manner at that time. If you have witnesses to help your case who could not be present.

You can ask the judge for a continuance
The judge may or may not grant the continuance. If the judge decides not to vacate the judgment. You can only appeal the judge’s denial of the Motion to Vacate Judgment. You cannot appeal the judgment against you. You must file the appeal within 10 days of the judge’s decision.

To file the appeal
Get a form called Notice of Filing Notice of Appeal from the small claims clerk. Fill it out and file it with the small claims clerk. A fee is required. If the judge decides not to grant your appeal or vacate the judgment. You are responsible for paying the judgment. If the judge does grant your appeal and vacates the judgment. The original case will usually be heard right then. Be prepared to present your case, including any evidence you have, at the time of the hearing. Remember, your case will only be heard if the judge grants your appeal.

Additionally...

Check your state laws. We used California as an example above but you need to read your own state law (where the judgment was filed) to know what the rules are.

Never assume that the judgment is valid just because. If a creditor or collection agency sued you, you can probably find many technicalities to void the judgment such as, you were improperly served, the collection agency or creditor never validated the debt as allowed to you by law. Collection agencies often violate the FDCPA so pay close attention to how things were handled.

While it may seem overwhelming to attempt to vacate or void the judgment, it is well worth your efforts. Collection agencies win most judgments simply because the debtor was too afraid to show up and defend it.

For more go to: California Court or read Removing a Judgment FAQ

Need help improving your credit score?
Why not take advantage of all our educational tools. You can find credit letters, collection agency resources, tips to settle past due debts, or hire a professional to fix your credit legally. Learn more or get started>

Find More Credit/Collection Articles:
Repossession & Your Car | Bankruptcy - All you need to know | Statute of Limitations | Restricted Settlements | Judgments | Sample Letters | Credit Re-Scoring | Debt Management vs. Debt Negotiations | Credit Counseling vs. Debt Consolidation | DIY Credit Repair Help | How To Improve Your Credit History | Dealing with Tax Liens | Delinquent Student Loans | Collection Agency Abuse Tips | Best Credit Repair Resources on the Web | Credit Repair & Common Sense | Credit and Divorce | Attorneys General By State | Car Loan Default Consequences | Cease and Desist Letter | Collection Laws All States | Dealing with Medical Collections (HIPPA) | Credit cards & bad credit | How to fix your credit | What can a credit repair service do for you? | See All Credit Repair Articles--->

Find Services: Credit Repair & Consumer Attorney | Credit Repair Companies | Debt Settlement Firms | Bankruptcy Attorney | See All Credit Services --->

Popular Tags: VOD | SOL | RE | DIY | Settlements | Disputes | CRA | CA | OC