How To Vacate a Court Judgment: Your Step-by-Step Guide

A court issued a default judgment against you. Now you want it canceled.

You can do that by filing a motion to vacate judgment. Success requires a valid reason for missing the lawsuit response deadline.

Common valid reasons include improper notice, plaintiff deception, or personal emergencies. Some courts also require a defense against the original claim.

When the court approves your motion, your case reopens. The judge reviews the lawsuit instead of automatically ruling against you.

You get a second chance to present your side.

How Default Judgments Work in Debt Collection Cases

Debt collectors sue you in civil court. You receive a summons.

You ignore it or miss your court date. The judge rules in the plaintiff’s favor automatically.

The plaintiff is the person or company that sued you.

Courts issue default judgments when defendants fail to respond. You can still get a default judgment even if you initially responded but missed later hearings.

You’ll receive a notice of entry of judgment from the court. Getting this notice feels overwhelming, but you have options.

Many courts allow time to challenge the judgment. You do this by filing a motion with the court.

A motion is a formal legal request filed with the court.

Different courts use different names for this document:

• Motion to set aside judgment
• Motion to reopen judgment
• Notice of motion to vacate judgment

Check your local court’s website for sample motions. Legal aid organizations also provide helpful resources.

If you’re being sued by a debt collector, our partner Solo can help you respond to the lawsuit and negotiate a settlement.

What Vacating a Judgment Actually Means

Vacating a judgment cancels it. The court essentially revokes its previous ruling.

You return to square one with the original lawsuit. The lawsuit doesn’t disappear.

You don’t automatically win. You simply get the chance to present your defense.

Courts require “good cause” to vacate judgments. You need legally valid reasons for missing deadlines or court dates.

Understanding Good Cause Requirements

Good cause explains why you couldn’t participate in the original case. Courts define it differently across jurisdictions.

Common examples include:

• Improper notification: You never received court papers. Check court records for the affidavit of service. If service information is wrong, explain this in your motion.
• Plaintiff misrepresentation: The plaintiff gave you false or misleading lawsuit information.
• Emergency situations: Hospitalization, family crises, or serious emergencies qualify as excusable neglect.

Many courts offer free online case record access. Search your local court’s website using your name or case number.

Find documents like affidavits of service or judgment details.

Do You Need a Legal Defense Too?

Some states require more than good cause. You must prove a valid defense against the lawsuit.

Examples of valid defenses:

• You already paid the debt
• The debt doesn’t belong to you
• The statute of limitations expired
• The debt amount is incorrect

Provide evidence supporting your defense. Even if your state doesn’t require this upfront, prepare your defense.

The judge will review your defense if the motion succeeds.

When You Shouldn’t File a Motion to Vacate

Don’t file without good cause. Courts require solid evidence and valid reasons.

Filing without merit can backfire. Judges may deem frivolous motions as bad faith.

You could end up paying the plaintiff’s legal fees. Only file when you can demonstrate good cause and provide required evidence.

Search your local court’s website for requirements. Use search terms like “motion to vacate” and “good cause.”

Step-by-Step: How To Vacate Your Judgment

Every courthouse follows different procedures. Contact the clerk’s office where your case was filed.

The court clerk helps you find correct forms. They explain filing requirements and deadlines.

Follow these general steps:

1. Identify required forms: Courts often have specific motion forms. Check your local court’s website or visit the clerk’s office.
2. Complete the motion form: Explain why you didn’t respond. Include your legal defense if required. Attach supporting documents like medical records or service proof.
3. Check additional requirements: Some courts require notarization or judge signatures before filing.
4. File with the court: Submit your completed motion to the courthouse that issued the judgment. Ask about filing fees and fee waiver availability.
5. Serve the opposing party: Deliver a copy to the plaintiff after filing. Follow court rules for proper service methods.
6. Attend any hearings: Some courts schedule hearings automatically. Prepare to answer questions and bring supporting documents.

Key Questions for the Clerk’s Office

Confirm details before filing. Ask these questions:

• Which forms do I need to file a motion to vacate?
• Do forms need signatures from a judge, commissioner, or notary?
• Which forms get filed with the clerk’s office?
• Which forms do I serve on the plaintiff?
• How many copies of each form do I need?
• Is there a filing fee? Can I request a fee waiver?

Some courts offer downloadable forms online. Others require in-person pickup.

What Happens After You File Your Motion

The court reviews your motion to vacate. Next steps depend on local rules, your motion’s strength, and plaintiff objections.

Here’s the typical process:

1. Serve the opposing party: Deliver a motion copy to the plaintiff. Follow court rules for proper service.
2. Wait for plaintiff response: The plaintiff can file a written objection. They may argue the judgment should stand.
3. Attend scheduled hearings: Some courts automatically schedule hearings. Others only schedule them after plaintiff objections. Explain why the judgment should be vacated.
4. Confirm your court date: Some courts require advance confirmation. Missing this step can result in automatic denial.
5. Receive the judge’s decision: The judge either grants or denies your motion.

If the Judge Grants Your Motion

The judgment is vacated. Your case moves forward as if the default never happened.

The court may immediately set a new trial date. You might need to file additional paperwork.

If the Judge Denies Your Motion

The default judgment remains in place. The plaintiff can continue collection efforts.

Collection actions include wage garnishment or bank levies. You may have appeal options depending on your jurisdiction.

After a Successful Vacation

A vacated judgment doesn’t erase the lawsuit. The case simply reopens.

You get the chance to defend yourself. Here’s what happens next:

• The lawsuit continues from before the default judgment
• The court may schedule a new trial date
• The plaintiff can still prove their claim
• Wage garnishment or bank levies may continue unless you file separate requests

Some courts automatically lift collection actions. Others require additional paperwork.

Check with the clerk’s office about your specific situation.

Filing Deadlines for Motions to Vacate

Deadlines vary by state and your reason for requesting vacation. Some courts allow 30 days.

Others give you several months or a year. Many courts simply require filing within “reasonable time.”

Reasonable time depends on local rules and your circumstances. Check your notice of entry of judgment.

It often lists the filing deadline. Look up court rules online or call the clerk’s office.

Options After Missing the Deadline

Missing the standard deadline doesn’t end your options. You might still file if:

• You were never officially served with the lawsuit
• The plaintiff committed fraud or provided false information
• Major circumstances prevented your response (medical emergency, natural disaster)

Every state follows different rules. Contact your local court or legal aid organization.

The clerk’s office can point you toward available options.

Understanding Your Path Forward

Default judgments can be challenged through motions to vacate. You need good cause and, in some jurisdictions, a valid legal defense.

Deadlines vary significantly by location. Some courts allow 30 days, while others provide more time.

Check your judgment notice, court website, or clerk’s office for specific deadlines. When courts grant your motion, the judgment is canceled.

Your case reopens. Denied motions mean the judgment stands and collection efforts continue.

Start with your local court clerk’s office. Legal aid groups provide valuable assistance too.

You don’t have to navigate this process alone.