How to Beat a Default Judgment
- 1). Contact the court that heard the case to learn the requirements for vacating a judgment in that jurisdiction. Some jurisdictions may vacate default judgments if the plaintiff did not provide proper notification of the court proceedings and hearing date. This would apply, for example, if the court required the plaintiff to hire a document server to deliver notification of the court date and proceedings but the plaintiff failed to do so.
- 2). Request copies of the documents filed in the case from the court that heard it and granted the default judgment. You might find information in this paperwork that helps prove that the court should vacate the default judgment. For example, documentation that shows the plaintiff sent notices to the wrong address, or in the name of the wrong person, might help your case.
- 3). Gather documentation that proves you were not available for personal service of court documents. In some states, a court may vacate a default judgment if you can prove you were incapacitated or out of the country when the notices were delivered. For example, you can use documentation that you were in jail, hospitalized, or out of the country to convince a judge to vacate a default judgment.
- 4). Compile documents that demonstrate the debt that does not apply to you. A judge may vacate a default judgment if you can prove that the debt belongs to someone else or that the plaintiff significantly overstated the amount of the debt in the court documents.
- 5). Submit a motion, an official document asking the court to act, to vacate a default judgment to the court that granted the judgment against you. The court clerk may provide a "motion to vacate" form that you can complete and submit. If the court clerk does not provide a form, use a sample document (see Resources section) to create your own, using the name of the court that heard the original case and the court reference number it provided.
- 6). Hire a professional document server to deliver copies of the motion to vacate to the plaintiff, unless the court states that it will serve the plaintiff. Some courts provide service through the mail.
- 7). Show up for the hearing that the court sets to dismiss your case, and present proof that the judge should vacate the order. This might include documentation that you were not properly notified of the debt or do not owe it. For example, you can present a lease or a utility bill to prove that the plaintiff sent notices to the wrong address.
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