How to vacate a default judgment on a debt

A default judgment was entered because nobody responded, not because a judge examined evidence. That is the foundation of every motion to vacate.

Recognized grounds

Defective service. The most powerful ground. Papers delivered to an address you moved away from years ago, handed to a neighbor, left with a minor, or never delivered while the return of service says otherwise. Where service was never proper, the court arguably never obtained jurisdiction, and a void judgment can often be attacked without the usual time limit.

Excusable neglect. You received the papers but were hospitalized, in crisis, moving, deployed, caring for a family member, or simply did not understand that a written response was required. Courts vary in strictness. Be specific and factual about what happened and when.

Mistake, inadvertence, or surprise. You responded to the wrong court, mailed a response that was never docketed, or were told by someone at the plaintiff that the matter was resolved.

Fraud or misrepresentation. The plaintiff misrepresented service or material facts to obtain the judgment.

Military service. The Servicemembers Civil Relief Act provides protections and a specific route to reopen a default entered against a servicemember.

The meritorious defense requirement

Nearly every court also asks: if we reopen this, do you have a real defense? You do:

• The plaintiff cannot document that it owns the account
• The statute of limitations had expired
• The amount is unverified
• The account is not yours

State it plainly and attach a proposed Answer so the court can see the defense in the form it would take.

Timing

Ordinary motions to vacate usually carry a deadline measured in months from entry of the judgment or from the date you learned of it, and it differs substantially by state. Void-judgment challenges based on lack of service commonly have no fixed outer limit.

Being outside the ordinary window does not mean stopping. It means leading with service, moving quickly, and explaining the delay.

What the package contains

1. Motion to set aside the default judgment, citing the rule and the ground
2. Your sworn declaration, in your own words, with dates: where you lived, what you received, when you learned of the judgment, what happened in between
3. Proposed Answer, attached as an exhibit
4. Notice of hearing, if your court requires you to set one
5. Certificate of service on plaintiff's counsel
6. Supporting exhibits: lease or utility bills showing your address on the service date, medical records, deployment orders, the garnishment notice

Do the second thing at the same time

A motion to vacate can take weeks. Meanwhile, money is leaving your paycheck. Filing a claim of exemption and requesting a hardship reduction is a separate, faster filing that protects exempt income while the motion is pending. Ask plaintiff's counsel in writing for a voluntary release of the garnishment during the motion; that request is granted more often than people expect.

At the hearing

Bring three copies of everything. Be brief and factual: where you actually lived, what you never received, when you learned of the judgment, and what your defense is. Judges respond to specifics and dates, not to frustration.