Motion for Default Judgment: What You Need to Know

You missed your debt lawsuit deadline. Now the creditor wants an automatic win.

A motion for default judgment requests the court to rule against you without a trial. The reason? You didn’t respond to the lawsuit on time.

Default judgments lead to serious consequences. Wage garnishment. Bank levies. Property liens.

You can fight back. Even if you missed the deadline.

What Is a Motion for Default Judgment?

A motion for default judgment is a legal document. The creditor files it after you fail to respond to their lawsuit.

The motion asks the judge to award them an automatic win. No trial needed. No hearing required.

Debt collectors use this tactic constantly. They know most people don’t respond to lawsuits. They file the motion expecting you to ignore it too.

The motion itself isn’t the final judgment. The judge must still sign an order granting the default judgment.

Check any paperwork you receive. Look for the judge’s signature. Without it, the default judgment isn’t official yet.

You still have time to act.

Why Creditors File Default Judgment Motions

Debt collection agencies have a system. Sue the debtor. Wait a few weeks. File the motion for default.

The system works because most defendants don’t know how to respond. They feel overwhelmed. They ignore the lawsuit hoping it disappears.

It doesn’t disappear. It gets worse.

The collector knows you probably won’t show up. They count on it. Default judgments are faster and cheaper than actual trials.

Don’t give them the easy win.

What Happens After a Default Judgment Is Granted

The judge signs the order. The creditor gets stamped copies of the judgment paperwork.

They mail you the final judgment. Now they can enforce it.

Here’s what enforcement looks like:

• Wage garnishment taking money from each paycheck
• Bank account levies freezing and draining your accounts
• Property liens attached to your home or car
• Additional court costs and interest added to your debt

You’ll receive notice before garnishment starts. The law requires it. You get one last chance to respond.

You can accept the judgment and work out payment. Or you can fight it with a motion to vacate.

If you do nothing, the garnishment proceeds. Your employer will receive an order to withhold wages. Your bank will freeze your account.

our partner Solo can help you respond to the collector and negotiate a settlement before enforcement begins.

How to Reverse a Default Judgment

You can challenge a default judgment. File a motion to vacate.

A motion to vacate asks the court to cancel the default judgment. It gives you a second chance at defending yourself.

But you need valid reasons. Judges don’t vacate judgments just because you forgot or felt scared.

Valid Reasons to Vacate a Default Judgment

Courts consider these legitimate grounds:

• You never received the lawsuit papers or received them improperly
• The process server delivered papers on a Sunday or holiday
• The person suing you served you directly instead of using proper service
• You were hospitalized, incarcerated, or faced another emergency during the deadline
• You have a strong defense that could win the case
• The court lacked proper jurisdiction over you
• New evidence surfaced that changes the case

Your motion must explain why you missed the deadline. It must also outline your defense to the original lawsuit.

The judge wants to see that you have a real case. Not just regret for ignoring the lawsuit.

Time Limits for Filing a Motion to Vacate

Act quickly. Most states give you 30 to 90 days to file a motion to vacate.

The clock starts when the judgment is entered. Some states allow longer periods for special circumstances.

Don’t wait. The longer you delay, the harder it becomes to vacate the judgment.

our partner Solo helps you respond to collectors and file the right paperwork on time.

Other Options If You Can’t Vacate the Judgment

Sometimes vacating the judgment isn’t possible. You missed the deadline. Your reasons don’t qualify.

You still have options.

Negotiate a Settlement

Contact the creditor or collector. Propose a settlement for less than the judgment amount.

Many collectors will negotiate. They’d rather get some money now than chase you for years.

Offer a lump sum payment for a reduced amount. Or propose affordable monthly payments.

Get any agreement in writing before paying. Make sure it states the judgment will be satisfied.

File for Bankruptcy

Bankruptcy stops wage garnishment immediately. It can discharge the judgment debt entirely.

Chapter 7 bankruptcy eliminates most unsecured debts. Chapter 13 creates a repayment plan.

Bankruptcy affects your credit. But so does a judgment with ongoing garnishment.

If you’re drowning in multiple debts, bankruptcy might offer the fresh start you need.

You can speak with a bankruptcy attorney for free to explore your options.

Challenge the Garnishment

Even with a judgment, you can fight garnishment. Some income is protected by law.

Social Security benefits, disability payments, and certain other income can’t be garnished. File an exemption claim if the creditor tries to take protected funds.

Each state has different wage garnishment limits. Some states protect more of your paycheck than others.

How to Avoid a Default Judgment

Prevention beats cure every time. Don’t let it reach the default judgment stage.

Respond to the lawsuit within your state’s deadline. Usually 20 to 30 days from when you’re served.

Your response is called an Answer. It addresses each claim in the lawsuit.

You don’t need a lawyer to file an Answer. You can do it yourself with the right guidance.

our partner Solo walks you through creating an Answer in 15 minutes.

What to Include in Your Answer

Your Answer should:

• Admit or deny each numbered paragraph in the complaint
• Raise any defenses you have to the debt
• Challenge the amount if it’s incorrect
• Question whether the collector has the right to sue you
• Request proof they own the debt

Common defenses include:

• The statute of limitations expired
• You already paid the debt
• The amount is wrong
• The debt belongs to someone else
• The collector can’t prove they own the debt

Even if you owe the debt, filing an Answer protects your rights. It forces the collector to prove their case.

What If You Already Have a Default Judgment

You received the default judgment paperwork. Now what?

First, check if it’s final. Look for the judge’s signature and the date entered.

Calculate how much time you have to file a motion to vacate. Check your state’s rules.

Gather evidence supporting your motion. Proof of improper service. Medical records showing you were hospitalized. Whatever documents support your case.

File your motion to vacate before the deadline. Serve copies on the creditor’s attorney.

The court will schedule a hearing. Prepare to explain why you missed the deadline and why you have a valid defense.

Bring all your evidence. Be ready to testify under oath.

The Cost of Ignoring Debt Lawsuits

Ignoring a debt lawsuit costs you money. And control.

Once a judgment enters, interest continues to accrue. Court costs get added. Attorney fees pile on.

A $3,000 debt becomes $5,000 after judgment costs and interest.

Garnishment takes 25% of your disposable earnings in most states. Every paycheck. Until the debt is paid.

That’s money you can’t use for rent, food, or other bills. Financial stress multiplies.

Responding to the lawsuit gives you control. You can negotiate. Challenge the amount. Set up affordable payments.

Even if you lose, you’re in a better position than with a default judgment.

Your Rights During a Debt Lawsuit

You have rights even when you owe money.

The collector must prove you owe the debt. They must show the amount is correct. They must prove they have the right to collect.

You can demand documentation. Account statements. The original contract. Chain of ownership for the debt.

You can raise defenses. Question their evidence. Challenge improper procedures.

The court must follow proper service rules. You must receive adequate notice. The collector must comply with consumer protection laws.

Debt isn’t a crime. The collector wants you to feel powerless. You’re not.