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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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