How to Get Rid of a Default Judgment

Your finances can be severely affected if you have a default judgment filed against you. A simplistic definition of a default judgment is a judgment that has been issued by a court of law against a party who failed to either appear, take a pleading or follow other procedures. A default judgment will remain on your credit report for a minimum of 7 years; however. if the state that the judgment was filed in mandates a longer period of time, each renewal filed in the courts will be reflected on your credit reports. A motion to vacate, or void, the default judgment will need to be filed to attempt removal of the judgment against you.

Instructions

1

Research the court procedures, also known as "civil procedure" for your state. You will need this information in order to create your motion to vacate the default judgment. Not only will you need to know what to say in your motion, but you will need to know the process for creating it, filing it and having your case heard before a judge.

2

Search online for the website of the county court where your judgment was filed. Many courts have information about civil procedure rules that are specific to their court or county. Look for a "self help" section of the website, or contact the court by phone to see if there is a template that you can use for your motion. Include within the body of the document the reasons why you believe the judgment should be canceled, providing documentation to substantiate your claims.

3

File the motion with the court according to the court's procedures and serve certified copies of the motion on the plaintiff. You must file a notice of service with the courts to prove that the other party was notified of the motion and had time (normally 35 days) to prepare their answer to your motion. Pay the necessary fees and file your motion to vacate judgment. Check with the clerk to make sure you have provided all of the necessary paperwork.

4

Go to court on the day of the hearing. Dress well and be prepared to offer evidence as to why the default judgment should be vacated. Present an argument that is clear, has merit and is based upon a substantial issue such as fraud, newly discovered evidence, an error or satisfaction of the judgment, to better your odds at winning the case.