File a Motion to Set Aside Judgment: Complete Guide

When you miss debt payments, creditors can sue you. The court sends you a summons and complaint. You must file an answer within 20 to 30 days.

Missing that deadline can cost you. The creditor can request a default judgment against you. Even if you respond on time, you can still face default for skipping hearings or ignoring discovery requests.

File Your Answer Before Time Runs Out

Don't let creditors win by default. Our partner Solo helps you respond to debt collectors with attorney-reviewed answers in 15 minutes. Act now before wage garnishment starts.

Respond to Your Lawsuit

The court will enter a default judgment if you meet these conditions:

You’re 18 years or older
A complaint or petition exists against you
You failed to respond by the deadline
You’re not on active military duty
Proof of service shows you were properly served

You can fight back with our partner Solo to file your response quickly and correctly.

What Happens After a Default Judgment?

A default judgment gives creditors legal power to collect from you. They can garnish your wages or bank account. They can seize your property or file judgment liens.

You have one option to stop them: file a motion to set aside the judgment.

Valid Reasons to Set Aside a Default Judgment

Courts require specific conditions before setting aside a judgment. You need strong reasons and solid evidence.

Excusable Default

You must explain why you failed to respond. Courts accept excusable defaults when there was irregularity in handling or a reasonable excuse for not responding.

Procedural Irregularity

Unfair or improper conduct in the default process can void a judgment. Perhaps someone else in your household received your summons. Maybe you never got proper service of the court papers.

Procedural irregularity includes these situations:

Improper service of court papers
No notice of default before judgment
Creditor failed to notify you of the judgment

Reasonable Excuse

Valid reasons for missing deadlines matter. Hospital admission on your hearing date counts. You must provide proof like admission letters or doctor’s notes.

Meritorious Defense

You must explain why you don’t owe the debt. File an Affidavit of Meritorious Defense with specific reasons.

Valid defenses include:

Creditor’s complaint doesn’t prove you owe money
You already paid part or all of the debt
You declared bankruptcy before the judgment
The statute of limitations expired
The debt resulted from identity theft
The debt agreement was unfair or fraudulent

Simply being unable to pay doesn’t count as meritorious defense.

Our partner Solo helps you build the right defense strategy for your case.

Timeline for Filing Your Motion

You typically have 21 days after the judgment to file your motion. That timeline starts when you receive personal service of court papers.

Different rules apply if you learned about the case after the judgment. You can file a motion for relief from judgment past the 21-day window. You still need reasonable excuse and meritorious defense.

What to Expect at Your Hearing

Both sides present their story to the judge. You explain why the judgment should be set aside. The creditor argues why it should stand.

The judge asks questions after hearing both parties. Some judges rule immediately. Others issue written decisions later.

If the Court Sets Aside Your Judgment

Victory gives you a second chance. You can now file an answer to the original complaint. You have the opportunity to defend yourself properly.

Use our partner Solo to create your answer document. An experienced attorney reviews your response before filing. The debt collection lawsuit continues, but you’re now in the fight.

If the Court Denies Your Motion

Weak reasons lead to denied motions. You still have options. Ask the court for a payment plan in installments.

You can negotiate with the creditor outside court. Work out terms that fit your budget. Settlement often beats wage garnishment.

Protect Your Rights After a Default Judgment

Discovering a judgment against you feels overwhelming. Filing a motion to set aside gives you a fighting chance. The court may grant you another opportunity to defend yourself.

Acting quickly matters most. Gather your evidence and build your case. Strong reasons and proper documentation increase your chances of success.

Frequently Asked Questions

What is a motion to set aside judgment?

A motion to set aside judgment is a legal request asking the court to cancel a default judgment entered against you. It gives you a second chance to defend yourself in a debt collection lawsuit if you missed the original deadline to respond.

How long do I have to file a motion to set aside a default judgment?

You typically have 21 days after the court enters a default judgment to file your motion. If you weren't properly served or only learned about the judgment later, you may file a motion for relief from judgment past the 21-day deadline with valid reasons.

Can I set aside a default judgment if I simply forgot to respond?

Forgetting to respond usually isn't enough reason alone. You need either procedural irregularity in how you were served, a reasonable excuse with proof, or a meritorious defense showing why you don't owe the debt. Courts require strong evidence to grant your motion.

What happens if the judge grants my motion to set aside judgment?

If granted, the default judgment is canceled and you get a second chance to file an answer to the original complaint. The debt collection lawsuit continues, but you can now present your defense in court and challenge the creditor's claims.

What is a meritorious defense in a motion to set aside judgment?

A meritorious defense explains why you don't legally owe the debt. Valid defenses include expired statute of limitations, identity theft, prior payment, bankruptcy filing before judgment, or unfair debt agreement. Simply being unable to pay doesn't qualify as meritorious defense.

How to File a Motion to Set Aside Judgment in 2024