Vacating a Default Judgment

If you have been sued in Small Claims 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.

To vacate a default judgment, you may ask the court to re-open the case so that you can offer evidence in defense of the small claim. You must come to court and fill out papers 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 goods you sold were not defective. To find out where to go in your county, click on Locations. After you fill out the proper papers, they will go to the judge. If he or she approves, then you will have to serve the other side. Both of you must return to court on a specific date and the judge will decide whether to re-open your case. If the judge vacates the default judgment, you must be ready to prove your side of the case.