What Can I Do About A Default Judgment?
A default judgment is a judgment placed against you by a court of law by some who claims you owe them money. It can be a corporation, business, or someone can file personally against you if you have borrowed money from them.
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.
The only time a default judgment is claimed against you is if you did not show up in court to contest or confirm this claim. If you were not aware of a judgment being placed against you, there are laws in place to protect you. You do have certain rights to enable you to have the judgment vacated or removed.
The only person with the authority to grant a judgment be vacated is a judge. The information used against you may be incorrect and you have the right to have it questioned. Keep in mind, however, that you cannot schedule an appeal or apply for a new trial until a judgment to vacate has been granted.
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.
After the clerk timestamps the paperwork, sets the date and time when you should appear, your accuser will be notified as well. The law states you have 180 to file a Notice of Motion to Vacate Judgment if you were not aware a judgment was being filed against you. A judge will listen to your circumstances when you appear in court.
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.
If the judge decides to deny your request to vacate the default judgment, then you have 10 days in which to file an appeal against his denial.
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