People often learn about a debt lawsuit only when their paycheck is garnished. If the papers went to an address you left long before, you may have a strong reason to ask the court to cancel the judgment, but you have to act fast.
How a default judgment happens
A creditor files a lawsuit, then a process server delivers the papers. If the defendant does not respond by the deadline, the court enters a default judgment without hearing their side. Plaintiffs sometimes serve an address from an old credit file, and a server may claim a person was served at a house they moved out of years earlier.
What counts as proper service
- Personal delivery to you.
- Delivery to an adult at your home who lives there, plus a mailed copy in some states.
- Posting and mailing at your residence after attempts, where the state allows it.
- Service by publication, only after the plaintiff shows it could not find you with reasonable effort.
- A proof of service filed with the court describing who was served, where and when.
Steps if you find out about a judgment
- Get the case number and look up the court file. Many courts post documents online.
- Read the proof of service. Check the address, date and description of the person served. Errors help you.
- Note when you first learned of the case. Courts count deadlines from that date in some situations.
- File a motion to vacate or set aside the default judgment as soon as possible. Many courts have forms, and some reduce deadlines if you were not properly served.
- Attach evidence: a lease or utility bills for your actual address, a driver's license history, or a statement that you do not know the person described.
- Ask the court to pause garnishment or collection while the motion is pending.
- Prepare your answer or defenses to file right after the judgment is set aside, such as an expired statute of limitations or that the plaintiff cannot prove it owns the debt.
Deadlines
Some defects in service allow a challenge at any time, but delay hurts you, and many courts set short windows for other grounds, such as 6 months or one year. Do not guess. Ask the clerk or legal aid how long you have under your state's rules.
Protect yourself in the meantime
If wages or accounts are being taken, find out which funds are protected. Social Security, VA benefits and some other income have strong protection. Keep paying essential bills, and do not make a payment or sign anything admitting the debt without advice, since that can affect your defenses. See our guides to bank account levies and wage garnishment rules.
Avoiding the problem next time
Update your address with creditors and the post office, keep an eye on mail from courts, and respond to any summons right away. Free help is available through legal aid and court self-help centers. See our guides on responding to a debt lawsuit and on default judgments.
Evidence that you did not live there
Gather a lease or mortgage statement for your actual address, utility bills, a change-of-address confirmation, tax records, pay stubs and your driver's license history. A sworn statement that you never received the papers helps, but documents carry more weight. Show what address the plaintiff used and why it was wrong.
After the judgment is set aside
You still have to answer the lawsuit. File your response promptly and raise defenses, such as the statute of limitations, lack of proof the plaintiff owns the debt, wrong amount, or identity problems. Ask for a copy of the account records. Many cases settle or are dismissed at this stage because debt buyers often lack documents.
Frequently asked questions
Can a default judgment be canceled?
Often yes, especially if you were not properly served, but you must ask the court promptly.
What if I never got the papers?
Show the court where you actually lived and that the service address was wrong.
Does a judgment mean I owe the debt?
It means the court ruled for the plaintiff, but you can still challenge it if service was defective.
Can they garnish my wages right away?
After a judgment, yes in many states, but you can ask for a stay while you challenge it.
Where can I get help?
Legal aid, court self-help centers and consumer lawyers.