Motion to Vacate Default Judgment Motions Pack (PDF)
This is a collection of materials designed to help you get the court to remove (“vacate”) a default judgment against you and let you defend yourself. You ask the court to let you defend yourself through a Motion to Vacate, and this Motion Pack will give you the information you need to get that done.
What a Motion to Vacate Is and Why it Works
If you fail to respond to a lawsuit in time after being served, the court can (and almost always does) enter a “default judgment.” That gives the debt collector everything it asked for and takes away all your defenses. To turn that around, you must get the judgment “vacated” or “set aside.” If you get that done, you can then start the case over and defend yourself. Often, that’s all you need to do to make them go away.
Of course the debt collectors don’t want the judgment vacated, and they usually fight your effort to do so. Our materials help you take your best shot at getting rid of the judgment, and your chances are good. If you are being garnished on a default judgment, you must vacate the judgment in order to stop them from taking your money. Then, of course, you must defend against the suit – the motion to vacate gives you another chance to defend yourself.