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Vacating a Default Judgment
If you have been sued in Civil Court and a judgment
has been entered against you because you defaulted, that is, you
did not show up to defend yourself, you can seek to have the judgment
vacated (thrown out). If you are not sure whether a judgment has
been entered against you, you can click on Locations
and find out where to go in your county to check. However, if your
salary has been garnished,
or your bank account frozen, or you have received a notice from
a marshal, you probably
have a judgment against you and you should go to court to obtain
a copy and continue reading this section. If you find that a judgment
has not been granted against you, then you should immediately file
an answer. Click on Answering
a Case to learn more.
To vacate a default judgment you should fill out an Order to Show Cause. An Order to Show Cause is a legal paper, signed by the judge, that orders the other side to appear in court and "show cause," that is, give a good reason, why the judgment should not be vacated. You must fill out an Affidavit in Support of the Order To Show Cause explaining the reason you did not go to court, such as, you never received notice of the action, or you were sick; and, you must explain your defenses to the claims against you, such as, you do not owe the money claimed, or the appliances you bought were defective. To learn about the procedure, click on Order to Show Cause. If you want to vacate a default judgment in a consumer credit debt collection case, you can use the court's free and easy to use interactive program to make your court papers.
If the judge vacates the default judgment, you must be ready to
prove your side of the case.
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