When you learn that a lawsuit has been filed against you, it can be incredibly overwhelming. However, learning that a default judgment has been issued against you can be even more overwhelming. Unfortunately, there have been instances in which this can happen, and it’s important to understand your legal rights. If this represents your circumstances, it’s important to understand how to vacate a default judgment against you. The following blog explores what you should know about these matters and why working with a California debt collection defense attorney is in your best interest during these difficult legal matters.
What Does It Mean to Vacate a Judgment?
In the event you are sued over an outstanding debt, it’s imperative to ensure you respond to the lawsuit. If you do not, you’ll find that a default issue will be issued against you. This means that, because you did not file a response, the judge has granted the plaintiff the relief they requested when filing the divorce.
However, there are some instances in which you may be able to vacate the judgment against you. This means that, if you can prove your reason for not responding to the judgment was valid, the judge will reopen the case, thus vacating the initial judgment. It is imperative to understand that this does not mean you have won your case or that the case against you is dismissed. It simply means that you can now defend yourself in a court of law.
Common reasons that you may be able to have a judgment vacated include, but are not limited to, being improperly served, being ill or out of town, or the case being filed incorrectly.
How Do I Go About This Process?
If you want to fight to vacate a default judgment against you, it’s important to understand how to go about this process. Generally, you’ll find that the first step in this process is to file a Petition to Vacate Default Judgment and Declaration form with the court. Once you have filed the paperwork, you will be contacted by the court and provided with a hearing date. At your hearing, you’ll be able to present your defense and reasoning for not responding to the lawsuit. If the judge determines that this is a valid reason, they will vacate the judgment against you.
You can file this petition thirty days after you receive the papers regarding the default judgment. If you were never served, you’ll have 180 days from the time you learn about the judgment against you.
If a default judgment has been issued against you, it’s important to understand that connecting with an experienced consumer defense attorney is imperative to guide you through this process. At Loker Law, APC, we understand how difficult this can be. We understand how difficult these matters can be, which is why our dedicated firm is ready to represent you. Contact us today to learn how we can assist you in these matters.
