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Default Judgments: What They Are and How to Undo One

Photo: Tingey Injury Law Firm / Unsplash

A default judgment is a court decision made because one side failed to respond or appear. It can lead to garnishment and liens, but it is sometimes possible to undo it.

How it happens

If a defendant does not answer a lawsuit by the deadline, the plaintiff can ask the court to enter a default judgment. A defendant who fails to appear at a hearing can also lose by default.

Consequences

  • The plaintiff can use collection tools such as wage garnishment and bank levies.
  • A judgment can appear on credit reports in some cases.
  • Interest may be added.
  • A lien can be placed on property.

Setting it aside

  1. Act as soon as you learn of the judgment, since deadlines are strict.
  2. File a motion to set aside or vacate the default, using the court's form if available.
  3. Explain a valid reason, such as improper service, illness, excusable neglect or a lack of notice.
  4. Show you have a valid defense to the claim.
  5. Attend the hearing with supporting documents.

Get help

A lawyer or legal aid office can help prepare the motion. If your wages are being garnished, ask the court for a stay while the motion is pending.

Frequently asked questions

Can I get a default judgment if the other side never responds?

Yes, if you prove proper service and the court's requirements are met.

Does a default mean I am automatically wrong?

No, but the court enters judgment without hearing your side.

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