How Do You Cancel (Vacate) a Court Judgment?

How To Cancel (Vacate) a Default Judgment

If a court has issued a default judgment against you, you may be able to get it vacated. In legal terms, vacate means to cancel or overturn a previous court order. This means the judgment is no longer in effect, and your case may be reopened. To do this, you’ll need to file a motion to vacate judgment.

👉A motion to vacate judgment is a formal request asking the court to cancel the default ruling.

To successfully vacate a judgment, you typically need to show good cause, which could include:

• Not being properly notified of the lawsuit

• Being misled by the plaintiff

• Having an emergency that prevented you from responding

Some courts also require you to show a valid legal defense against the original lawsuit at the time that you file a motion to vacate judgment. If the court grants your motion, the lawsuit moves forward as if the default judgment never happened.

This article focuses on how to vacate a default judgment in a debt collection lawsuit. These types of cases are often heard in small claims court, county court, district court, or superior court.

📃 Since the process varies by state, it’s important to check which court handled your lawsuit. You can find this information in the court papers you received, such as the summons or the notice of entry of judgment.

I Got a Notice of a Default Judgment Against Me. Now What?

If you get sued by a debt collector and don’t respond to the court summons you received, the judge will likely rule in the plaintiff’s favor by issuing a default judgment against you. 

👉The plaintiff is the person who sued you. 

You can still receive a default judgment if you do respond to the court summons but don’t show up for your hearing or other scheduled court appearances.

You should receive a document called a notice of entry of judgment, or something similar, from the court notifying you of the judgment. Getting notice can be stressful, but it doesn’t have to be the end of the road. In many cases, you’ll have some time to address the default judgment. This is often done by filing a motion with the court to vacate the judgment. 

👉 A motion is a legal document used to make a formal request to the court.

In legal terms, to vacate means to cancel. You may see different language in your local court that means something similar. For example, it may be called a:

• Motion to set aside a judgment

• Motion to reopen a judgment

• Notice of motion to vacate judgment

You may be able to find a sample motion on your local court’s website or resources from a local legal aid organization.

What Does It Mean To Vacate a Judgment?

If a judge agrees to vacate a judgment, they essentially cancel or revoke it. In most cases, this puts you back to square one with the original lawsuit. 

It doesn’t make the lawsuit disappear or mean that you win instead. But it does mean that you can now present your side of the case.

To vacate the judgment, you’ll likely need to show the court “good cause.” Let’s dive into what that means.

What Does It Mean To Have Good Cause?

To successfully vacate a judgment, you’ll need to show the court that you had good cause for not responding to the lawsuit or missing a court date. 

👉Good cause is a legally valid reason that explains why you weren’t able to participate in the original case. 

Courts define good cause differently, but common examples include:

• You weren’t properly notified: If you never received the court papers, you may not have known about the case. You can check the court records for an affidavit of service, which shows when and how the plaintiff claims to have notified you. If this information is incorrect, explain why in your motion to vacate judgment.

• You were misled by the plaintiff: If the plaintiff (the person or company suing you) gave you false or misleading information about the lawsuit, the court may consider this misrepresentation.

• You had an emergency: Situations like being hospitalized, dealing with a family crisis, or experiencing another serious emergency may be considered excusable neglect. Courts recognize that some circumstances are beyond your control.

💡 Tip: Many courts let you access case records online for free. Check your local court’s website and search for your case using your name or case number to find documents like the affidavit of service or judgment details.

Do You Also Need a Legal Defense?

In some states, showing good cause alone isn’t enough to vacate a judgment. You may also need to prove that you have a valid defense against the lawsuit. For example, if you were sued for a debt that you already paid or that doesn’t belong to you, you would need to provide evidence supporting your defense.

No matter where you live, if the court approves your motion, the judge will look at your defense against the lawsuit’s claims. Be ready to explain and support your defense with any evidence you have.

Should You Ever Not File a Motion To Vacate?

You shouldn’t file a motion to vacate a judgment unless you can show good cause and provide any other information or evidence required by your local court. If you don’t have a solid defense against the lawsuit or can’t dispute the plaintiff’s claims, filing a motion to vacate probably won’t be helpful. 

In fact, it may be harmful. If the judge in the case feels like you don’t have good standing to file the motion, they may deem it “frivolous” and require you to pay the other party’s legal fees related to the motion.

If you aren’t sure if you should file a motion to vacate, you may be able to get a free consultation with an attorney to get some input on your case. You can also search for a local legal aid agency that can provide free help or point you to other community resources for legal help. 

🔎Finally, check for information on your local court’s website. Many have a search box, which can be a helpful way to find things. Search for phrases like “motion to vacate” and “good cause.”

How Do You Vacate a Court Judgment Against You?

Vacating a judgment means filing the right paperwork and following the correct court rules. Every courthouse has its own procedures, so it’s important to check with the clerk's office where your case was filed. 

💡The court clerk can help you find the correct forms and explain filing requirements.

Here are the general steps to file a motion to vacate judgment:

1. Find out what forms you need: Courts may have specific forms for a motion to vacate judgment. Check your local court’s website or visit the clerk’s office to get the correct paperwork.

2. Complete the motion form: Explain why you didn’t respond to the lawsuit and, in some cases, include a legal defense. Attach any supporting documents, like medical records or proof that you weren’t properly served.

3. Check for additional requirements: Some courts require the motion to be notarized or signed by a judge before filing.

4. File the motion with the court: Submit your completed motion form to the courthouse where the judgment was issued. Ask if there’s a filing fee and if fee waivers are available.

5. Serve a copy on the other party: After filing, you must notify the plaintiff (the person or company that sued you) by delivering a copy of the motion to them. This is called "serving" the motion, and it must be done according to court rules.

6. Attend the court hearing (if required): Some courts schedule a hearing where you can explain your case to a judge. Be prepared to answer questions and bring any documents that support your motion.

Questions To Ask the Clerk’s Office

Since every court has different procedures, it’s a good idea to confirm the details before filing. Here are some questions to ask when you contact the clerk’s office:

• What form(s) do I need to file a motion to vacate?

• Do any forms need to be signed by a judge, commissioner, or notary public?

• What forms do I need to file with the clerk’s office?

• What forms do I need to serve on the plaintiff?

• How many copies of each form will I need?

• Is there a filing fee? If so, can I request a fee waiver?

💡Tip: Some courts let you download motion forms online, while others require you to pick them up in person. Check your local court’s website to see what’s available.

What Happens After You File Your Motion With the Court?

After you file your motion to vacate judgment, the court will review it. The next steps depend on your local court’s rules, the strength of your motion, and whether the plaintiff objects.

Here’s what usually happens next:

1. You must serve the motion on the opposing party: After filing, you need to deliver a copy of the motion to the plaintiff (the person or company that sued you). This is called “serving” the motion, and it must follow court rules about who can serve it and how.

2. The opposing party may respond: The plaintiff has a chance to file a written response arguing against your motion. If they object, they may claim the judgment should remain in place.

3. The court may schedule a hearing: Some courts automatically set a hearing date, while others only do so if the opposing party objects. If a hearing is scheduled, you’ll need to attend and explain why the judgment should be vacated.

4. You may need to confirm the court date: Some courts require you to confirm your hearing date in advance. If you don’t, your motion could be denied without review. Check the notice you receive from the court for instructions.

5. The judge will decide the motion: After reviewing your request and any response from the opposing party, the judge will either:

   • Grant the motion: The judgment is vacated, and the case moves forward as if the default judgment never happened. The court may immediately set a new trial date or require additional paperwork.

   • Deny the motion: The default judgment stays in place, meaning the plaintiff can continue collection efforts, such as wage garnishment or bank levies. In some cases, you may be able to appeal the decision.

What Happens if the Judge Vacates the Judgment?

A vacated judgment doesn’t erase the lawsuit. It just means the case reopens, giving you a chance to defend yourself. After the judgment is vacated:

• The lawsuit picks up where it left off before the default judgment.

• The court may schedule a new trial or court date to decide the original case.

• The plaintiff can still try to prove their claim against you.

• If the default judgment led to wage garnishment or bank levies, you may need to file a separate request to stop those actions. Some courts lift them automatically, while others require additional paperwork.

💡Tip: If your motion is denied, check if you have options to appeal or refile with stronger evidence. You may also want to seek legal advice if you’re unsure of your next steps.

How Long Do You Have To File a Motion to Vacate Judgment?

The deadline to file a motion to vacate judgment depends on your state and the reason you’re asking the court to cancel the judgment. 

👉Some courts give you 30 days, while others allow a few months or even a year. In many cases, you just need to file within a “reasonable time.” But what counts as reasonable depends on your local court rules and your specific situation.

If you got a notice of entry of judgment, check it. It might list the deadline for filing your motion. You can also look up your court’s rules online or call the clerk’s office at the courthouse where your case was filed to ask about the time limit.

What if You Missed the Deadline?

If the usual motion to vacate deadline has passed, don’t panic. You might still have options:

• If you weren’t officially served with the lawsuit, some courts let you file a motion even after the deadline.

• If the person or company that sued you lied to the court or gave false information, you may be able to file a motion to vacate judgment based on fraud.

• If something major — like a medical emergency or another unavoidable situation — kept you from responding, the court might make an exception.

Since every state has different rules, check with your local court or a legal aid organization to see what options you have. If you’re not sure where to start, the clerk’s office can point you in the right direction.

Let’s Summarize…

If a default judgment was entered against you, you may be able to cancel the judgment by filing a motion to vacate judgment. To succeed, you’ll usually need to show good cause, like not being properly notified or dealing with an emergency. Some courts also require you to have a valid legal defense.

Deadlines vary. Some courts allow 30 days, while others give you more time. Check your notice of entry of judgment, court website, or clerk’s office for details.

If the court grants your motion, the judgment is canceled, and your case reopens. If it’s denied, the judgment stays, and collection efforts can continue. Not sure where to start? The clerk’s office or a legal aid group can help.