A “default judgment” is a money judgment awarded against you simply because you failed to appear in the case and defend yourself.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment.
How do I file a motion to vacate a judgment?
Get the form called “Notice of Motion to Vacate Judgment” from the Small Claims Clerk. Fill the form out and file it with the Small Claims Clerk together with a filing fee. You must do this within 30 days of the date of mailing which is written on the Entry of Judgment Notice you received from the court.
Can you overturn a default judgment?
First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.
How do I fill out a motion to vacate?
Filing a motion to vacate a default judgment
- Fill out your forms. Fill out the Motion to Vacate a Default Judgment program.
- File your forms with the clerk. Now that you have filled out your forms, you need to file them with the clerk.
- Mail or deliver your forms.
- Appear in court on your motion date.
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