Removing (vacating in legal terms) a default judgment entered against you in a debt collection case is possible. Courts retain the authority to set aside a default judgment under specific circumstances.

This is primarily when the defendant can show a valid reason the default occurred and a meritorious defense to the underlying claim. This guide walks through when vacating a judgment is possible, how to file the motion, what evidence is required, and what outcomes to expect.

When Default Judgments Can Be Vacated

Courts exercise discretion in deciding whether to vacate a default judgment. The standard applied varies by state but generally requires the defendant to demonstrate two things: good cause for the default (an acceptable reason why they did not respond in time), and a meritorious defense (a credible legal argument that, if heard, could affect the outcome of the case).

Common grounds courts accept for vacating a default judgment include:

Improper Service

If the defendant was never properly served with the summons and complaint, the court never had valid jurisdiction over them, and any judgment entered is technically void. Courts are generally receptive to vacating judgments on improper service grounds when the defendant can demonstrate they did not actually reside at the address where service was attempted, or that the person who accepted the documents was not authorized to receive service on their behalf. For more on what constitutes improper service, see: improper service defense.

Excusable Neglect

Courts will sometimes vacate a default when the failure to respond resulted from excusable neglect – circumstances that a reasonably prudent person might encounter. Examples include a serious medical emergency, hospitalization, a family crisis, or a natural disaster that prevented a timely response. Simple forgetfulness, lack of awareness of the legal deadline, or being too busy generally do not rise to the level of excusable neglect.

Fraud, Misrepresentation, or Misconduct

If the plaintiff obtained the default judgment through fraud – for example, by filing a false proof of service, misrepresenting the claimed amount, or serving the wrong person – that conduct can provide grounds to vacate. This is sometimes the issue in cases of “sewer service,” where documents are never actually delivered but a false proof of service is filed with the court.

Void Judgment

A judgment that was entered without proper jurisdiction – such as when service was never completed, or when the court lacked subject matter jurisdiction – is void and may be vacated at any time, in some states without a strict deadline. A void judgment differs from a voidable one; void judgments have no legal effect regardless of when the defendant raises the issue.

Newly Discovered Evidence

If material evidence was unavailable at the time of the default but has since come to light and would likely change the outcome, some courts will allow the judgment to be reopened. This ground requires showing the evidence could not have been discovered earlier with due diligence.

Time Limits for Filing a Motion to Vacate

Timing is critical. Most states impose strict deadlines on motions to vacate default judgments, and missing these deadlines can permanently foreclose the option. Common frameworks:

• Federal courts (FRCP Rule 60(b)): Motions for excusable neglect, fraud, or newly discovered evidence must generally be filed within one year of the judgment. Motions for void judgments have no strict deadline under the federal rules.
• State courts: Most states require motions to vacate to be filed within 30 days to one year of the judgment, depending on the grounds. Some states differentiate between the deadline for excusable neglect (shorter) and void judgments (longer or none).
• Practical urgency: If enforcement has already begun (wage garnishment or bank levy), file a motion to vacate as quickly as possible. Courts can issue stays of enforcement pending the outcome of the motion.

Filing the Motion to Vacate

Step 1 – Identify the Legal Ground

Determine which legal basis most accurately describes your situation. Improper service and excusable neglect are the most common grounds. The motion must specifically identify the legal basis under the applicable state rule (for example, under Rule 60(b) in federal court, or the equivalent state rule).

Step 2 – Draft the Motion

The motion should include a caption matching the case, a clear statement of the relief requested (an order vacating the default judgment), a recitation of the relevant facts explaining why the default occurred, the legal standard for vacating judgments in your jurisdiction, and a statement of your meritorious defense to the underlying claim.

Step 3 – Attach Supporting Evidence

Evidence supporting the motion might include a sworn declaration from the defendant explaining the circumstances of the default, documentation supporting the claimed defense (such as payment records, account statements, or a bankruptcy discharge order), evidence of improper service (such as records showing you did not live at the served address), or medical records if a medical emergency is claimed.

Step 4 – Propose an Answer

Many courts require that a proposed answer to the complaint be attached to or filed simultaneously with the motion to vacate. This demonstrates the meritorious defense concretely and shows the court what the case would look like if reopened.

Step 5 – File and Serve

File the motion with the clerk of courts and serve a copy on the plaintiff’s attorney. The plaintiff will have the opportunity to file an opposition. Some courts schedule a hearing; others decide on the papers.

Court Procedures

After the motion is filed and the plaintiff has had an opportunity to respond, the court will decide the motion. If a hearing is scheduled:

• Attend the hearing and be prepared to explain the circumstances of the default clearly and concisely
• Bring copies of all supporting documents
• Be ready to address the plaintiff’s opposing arguments
• Clearly articulate your meritorious defense and why it would affect the outcome of the case

In some jurisdictions, courts rule on motions to vacate without a hearing, based solely on the written submissions. In that case, the quality of your written motion and supporting evidence is the entire basis for the decision.

Evidence Requirements

The evidence you submit in support of a motion to vacate must address both prongs of the standard: the reason for the default, and the meritorious defense. Courts look for specificity – vague claims that you “didn’t know” about the lawsuit are generally less persuasive than documented evidence of why that occurred.

For the meritorious defense prong, you do not need to prove your defense at this stage – you must show that a credible defense exists that, if heard, could result in a different outcome than the default judgment. Common meritorious defenses include:

• The statute of limitations on the debt has expired
• The plaintiff cannot document its legal ownership of the debt
• The debt was previously paid or settled
• The debt does not belong to the defendant
• The amount claimed is incorrect

Possible Outcomes

Judgment Vacated – Case Reopened

If the court grants the motion, the default judgment is set aside and the case is restored to its pre-default status. The defendant is given a new deadline to file an answer and the case proceeds on the merits. This is the best outcome – it gives the defendant a full opportunity to raise their defenses.

Conditional Vacatur

Some courts vacate the judgment on the condition that the defendant pay some amount into the court (as security) or meet other conditions. If the condition is not met, the judgment is reinstated.

Motion Denied

If the court denies the motion, the default judgment remains in effect and enforcement can continue. In some jurisdictions, the denial of a motion to vacate can be appealed. Consult an attorney before pursuing an appeal if this outcome occurs.