If a default judgment has been entered against you, you may be able to get it set aside by filing a "motion to vacate." This guide explains the process, grounds, and what to expect.

What Is a Motion to Vacate?

A motion to vacate is a formal request to the court asking it to undo the default judgment. If the court grants your motion, the case goes back to the beginning and you get the chance to file your Answer and defend yourself.

Grounds for Vacating a Default Judgment

1. Improper Service of Process

This is the strongest and most common ground. If you were never properly served with the lawsuit — meaning the summons and complaint were not delivered according to your state's rules — the default judgment is voidable. Common service problems include:

"Sewer service" — the process server filed an affidavit claiming service but never actually served you
Service at the wrong address
Service on someone who does not live at your residence
Service that did not comply with state procedural rules

2. Excusable Neglect

If you had a legitimate reason for not responding — such as a medical emergency, military deployment, or not understanding the legal papers — the court may grant relief. You must show that your failure to respond was not due to simple carelessness.

3. Meritorious Defense

Most courts require you to show that you have a viable defense to the underlying debt claim. This could include statute of limitations, incorrect amount, identity theft, or the debt was already paid.

4. Fraud or Misconduct

If the collector obtained the judgment through fraud, misrepresentation, or other misconduct, this is grounds for vacating.

Time Limits for Filing

Most states have deadlines for filing a motion to vacate:

Many states allow motions within one year of the judgment
For void judgments (improper service), there may be no time limit
Some states allow motions based on fraud with longer deadlines
Act quickly — the longer you wait, the harder it becomes

The Process

Draft the motion. Explain why the default judgment should be vacated, cite the legal basis, and attach supporting evidence.
Prepare your proposed Answer. Most courts want to see the Answer you would file if the motion is granted.
File with the court. File the motion at the same court that entered the judgment.
Serve the opposing party. Send a copy to the collector's attorney.
Attend the hearing. Be prepared to explain your situation and answer the judge's questions.

What Happens If the Motion Is Granted?

If the court grants your motion to vacate:

The default judgment is set aside
Any garnishment or levies based on it must stop
You file your Answer and the case proceeds normally
You get the chance to raise defenses and potentially defeat the claim entirely

Should You Get Legal Help?

Motions to vacate are more complex than filing an initial Answer. If the judgment amount is significant, consider consulting a consumer rights attorney. If the collector violated the FDCPA in obtaining the judgment, an attorney may take your case on contingency.

How to Vacate a Default Judgment