How to Make a Motion to Vacate Judgment in 6 Simple Steps

A court judgment can give debt collectors power to seize your money and property. If you received a judgment that surprised you, the court may have decided unfairly.

You have options. A motion to vacate judgment asks the court to erase its decision. You can convince the court to cancel the judgment against you.

Fighting a lawsuit is exhausting. Legal jargon makes everything harder. This guide shows you exactly how to make a motion to vacate judgment.

When Should You File a Motion to Vacate Judgment?

A motion to vacate judgment erases the court’s decision from your record. The judgment will be legally wiped clean.

This method works when the court decided with incorrect or missing information. Maybe the lawsuit contained errors or you weren’t properly notified. You explain how that missing information led to an unfair judgment.

Valid Reasons for Vacating a Judgment

Courts recognize several legitimate reasons for vacating judgments:

• The lawsuit contains incorrect information
• The lawsuit was served to the wrong person
• You already paid the debt
• You never received the original lawsuit
• You never responded to the lawsuit
• You responded but never received notifications about next steps
• Your contract requires mediation or arbitration before suing, which didn’t happen
• Your contract requires payment notification, which you never received

Strict rules govern accuracy, fairness, and communication in lawsuits. Civil Rule 60 provides specific guidelines for these requirements.

Communication errors are serious. A trial happening without you means no chance to defend yourself. Courts typically vacate judgments when proper notification didn’t occur.

Need help responding to a debt collector? Our partner Solo can help you respond fast and protect your rights.

When You Shouldn’t File This Motion

Don’t use this motion as a last-ditch effort. Courts won’t ignore facts to let you off the hook. Your reason must be legitimate and backed by evidence.

Filing a frivolous motion causes more problems. Courts will reject weak arguments. You’ll likely pay what you owe plus the opposing party’s legal fees.

Follow These 6 Steps to Vacate a Judgment

You can challenge an unjust or erroneous judgment. Follow these steps to make a motion to vacate judgment:

1. Ask the court clerk for a motion to vacate judgment form
2. Enter your case details on the form
3. Explain the reason for your request
4. Sign the motion
5. File the motion with the court
6. Attend any subsequent hearings

Start by filling out the necessary paperwork. The court provides all required forms. Form types and exact steps vary by location.

Call your court clerk to find the right forms. Don’t feel intimidated. You can ask for help navigating the process.

Important Questions to Ask

Keep these questions in mind while reviewing forms:

• Which forms need a judge or commissioner signature?
• Which forms need filing with the clerk’s office?
• Which forms must be mailed to the debt collector?
• Which forms should you keep for your records?
• Which forms need originals versus copies?

Make several copies. Different parties need the same forms.

Preparing for Your Hearing

After filing forms, the court schedules a hearing date. You must confirm the hearing or risk cancellation.

Bring all necessary paperwork to the hearing. If the court grants your motion, that’s progress.

The court will then schedule a new trial for the original lawsuit. Sometimes this happens immediately after the hearing. Come prepared with maximum proof.

A doctor’s note can explain why you missed the original trial. A debt validation letter provides accurate information about the debt claim.

You finally get to defend yourself. Bring everything possible to convince the court. Our partner Solo helps you respond to debt collectors and prepare your defense.

Consequences of Not Vacating a Judgment

Judgment consequences are severe. Debt collectors gain significant power to extract money. Here’s what can happen:

• Bank account garnishment removes money directly from your account
• Wage garnishment takes up to 25% of your after-tax paycheck
• Property liens give creditors rights when you sell assets
• Valuable possessions can be seized and auctioned

Judgments remain on your public record for years. People avoid doing business with you. Lenders reject loan applications or charge higher interest rates.

These consequences aren’t minor. Take action if you have valid grounds for vacating judgment.

Motion to Vacate vs. Motion to Set Aside

Different locations use different names. A motion to vacate and motion to set aside are identical documents. Both ask the court to erase its judgment.

The terminology varies by jurisdiction. The purpose remains the same regardless of name.

How to Respond to a Debt Lawsuit

Responding to a debt collection lawsuit protects your rights. You need to file an Answer with the court.

An Answer document responds to each claim in the lawsuit. You admit, deny, or state insufficient knowledge for each allegation.

Time limits are strict. Most states give you 20-30 days to respond. Missing the deadline results in a default judgment.

Our partner Solo walks you through every question needed for your Answer. You can print completed forms or have them filed for you.