Judgment and garnishment
Your paycheck came up short and nobody told you there was a case
A default judgment is entered because no response was filed by the deadline, not because a judge weighed evidence. That is the foundation of everything you can do next.
Track 1 — Reopen the case
A motion to set aside or vacate asks the court to undo the judgment so the case can actually be defended. Courts commonly accept:
- You were never properly served
- Excusable neglect — illness, a move, deployment, caregiving, or not understanding the papers
- Mistake, inadvertence, or surprise
- Protections under the Servicemembers Civil Relief Act
- Fraud or misrepresentation to the court
Nearly every court also wants a meritorious defense. "They cannot document that they own this account" is one, and so is an expired statute of limitations.
Track 2 — Protect your money now
This does not wait for Track 1 and does not depend on winning it. A claim of exemption filed with the issuing court can reduce or stop what leaves your check.
- Social Security, SSDI, and SSI
- Veterans and disability benefits
- Unemployment and workers compensation
- Public assistance and child support you receive
- Most pension and retirement income
- Head-of-household protections in several states
The deadline to claim an exemption is printed on the garnishment notice and is often very short. File it first, then keep working on Track 1.
Being late does not end it
Ordinary vacate deadlines vary widely by state, measured from entry of the judgment or from the date you learned of it. Challenges based on defective service often have no fixed outer limit, because a judgment entered without proper service can be treated as void. Exemption claims and settlement negotiation stay available either way.
What the Default Judgment Rescue Kit builds — $47
- Motion to set aside or vacate the judgment
- Sworn declaration in your own words, with dates
- Proposed Answer attached as an exhibit
- Notice of hearing
- Claim of exemption and hardship request
- Motion to quash service where service was defective
- Garnishment release request to plaintiff's counsel
- Employer and bank notification letters
- Certificate of service and a filing checklist
The Default Judgment Rescue Kit is $47. When you are ready, use the document builder to answer the questions and generate your motion packet. You can also start with the free starter kit and lessons below.
Always call the clerk to confirm
Deadlines, fees, formats, and local rules change, and courts differ from county to county. Anything on this site is general information. The clerk of the court printed on your papers is the only source that is current for your case — make the call before you rely on a date.
What to ask when you call
- 1How many days do I have to respond, and is that counted from the day I was served?
- 2What is the filing fee for a response, and what do I do if I cannot pay it?
- 3Do you take filings in person, by mail, or online — and how many copies do you want?
- 4How do I send the other side their copy?
This is a normal call to make. Clerks answer procedural questions like these all day. They are not allowed to give legal advice, so ask about process — days, fees, formats, copies — and not about what you should argue.
Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.