A judgment is the only recourse a creditor has against a debtor to secure they will be repaid. A judgment placed against you will affect your credit rating and do you considerable harm when applying for credit. It will also appear on your credit report with the three major credit reporting agencies.

Default judgments are usually filed against a debtor if they have not faced the creditor in court. If you were not aware a judgment was being filed against you, there are certain procedures to begin a process to have the default judgment removed or vacated, as if your right.

A judge is the only one with the authority to have a judgment vacated. If you feel the information used to place a judgment against you is incorrect, you can begin the process to have the judgment vacated. Keep in mind you cannot schedule an appeal or apply for a new trial until this has been done.

There are steps to begin the process, but they MUST be done within thirty days of receiving your Notice of Judgment. Go to the local small claims court and ask for a “Notice of Motion To Vacate Judgment.” You will pay a nominal fee which is different in every state. The clerk will timestamp and file the paperwork with the proper court. This is part of your evidence.

A clerk will timestamp the paperwork, set the date and time in which you must appear. The clerk will notify your accuser as well. If you were not aware of the Notice of Judgment filed against you, the law also states you have 180 days to file a Notice of Motion to Vacate Judgment. A judge may consider your circumstances, but you have to appear before the court to be heard.

You can ask the court to postpone the trial or ask for a continuance in order for to gather evidence for your trial. Some circumstances are taken into consideration.

You have 10 days in which to file an appeal against the judge’s denial of your request to vacate the default judgment.

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