What to do after a default judgment

A default judgment means the court decided the case against you because you didn't answer or didn't come to court. It is a real court judgment: the plaintiff can use it to collect. But in many cases you can ask the court to set it aside, which means cancel it, if you act quickly.

How a default judgment happens

When the deadline to answer passes, the plaintiff asks the court for a default. The court checks that you were properly served. Before it gives a default judgment, the plaintiff must also file a sworn statement saying whether you are in military service (50 U.S.C. 3931(b)(1)). Then the court can award what the plaintiff asked for, often with interest and costs.

First: find out what was filed

Call or visit the court clerk and ask for a copy of the judgment. Note the date it was entered or signed. Your time limits run from that date, or in some states from the date notice of the judgment was sent to you. If the deadline to answer has passed but no default has been entered yet, ask the clerk whether you can still file your answer.

How long you have

Each state sets its own time limits, and they can be short. In our guides the shortest limit is 7 days, in Louisiana. Other reasons, such as fraud, or a judgment that is void because you were never properly served, often have longer limits. Examples:

• California: 6 months (Mistake, surprise or excusable neglect (CCP 473(b))).
• Illinois: 30 days (Motion to set aside (735 ILCS 5/2-1301(e))).
• Michigan: 21 days (Motion to set aside (you were personally served)).
• New York: 1 year (The papers were handed to me).
• Pennsylvania: 10 days (Common Pleas: petition to open (court must open it with a meritorious defense)).
• Texas: 14 days (Justice Court: motion to set aside or for new trial).

Compare every state in the set-aside table, and use the calculator on your state's page to count your last day from the judgment date.

What to file

The filing is usually called a motion to set aside, or to vacate, the default judgment. In some courts it is a motion for a new trial or an appeal. Most courts want two things: a good reason why you didn't answer, such as a mistake or never getting the papers, and a defense, meaning a real reason you don't owe what the plaintiff claims. Some courts want your proposed answer attached. Your state page quotes the rule and names the motion where the data has it.

If you were never properly served

If you never got the court papers in the way the law requires, the judgment may be void. Many states let you challenge a void judgment later than other judgments. Ask legal aid to look at the proof of service in the court file.

While you wait

Until a judgment is set aside, the plaintiff can try to collect it. Federal law limits how much of your pay can be taken for an ordinary debt to 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less (15 U.S.C. 1673(a)). Your bank must protect two months of federal benefits paid by direct deposit (31 CFR 212.6). Many states protect more. Read how to protect your wages and bank account.

Step by step

1. Get a copy of the judgment and note its date.
2. Count your last day with your state's calculator.
3. Write down why you missed the deadline and what your defense is.
4. File the motion with the clerk, send a copy to the plaintiff's lawyer and keep a copy.
5. Go to the hearing, and claim your exemptions if a garnishment or bank levy starts.

This is general information, not legal advice. A legal aid office can tell you which motion fits your case; each state page lists free help.