How to Vacate a Debt Collection Judgment

By Leonard R Gendelberg

Having a debt collection judgment placed on your credit report can have devastating effects on your credit when you attempt to purchase a home or car, apply for a credit card, or simply apply for a cell phone. But if you have recently had a judgment filed against you, and don't want to see it put a blemish on your credit report, you do have another option. You can try to have the judgment vacated.

Filing a motion to vacate (dismiss) a judgment is a lot like filing an appeal. This happens after a judgment has already been rendered against you. You can file a motion to vacate if you feel that the outcome was not fair or that you have other defenses, and you have a good reason as to why the judge / court should overturn their original ruling.

Vacating a Default Debt Collection Judgment

There are different types of Judgments that can be made against you. One of those rulings is called a "default" judgment. A default judgment can be made against you if you do not show up for the court date to argue your side. This can occur under various circumstances. For example, you may have been out of town when you were served with the lawsuit notification, or perhaps you weren't properly served with the lawsuit in the first place. Both of these situations can make the judgment made against you void.

In order to get started with attempting to vacate your default judgment, you must first prepare yourself for the types of questions that you will have to answer in order for the judge to grant you the opportunity of reopening your case. In the case of a default judgment, you will need:

A Defense: You must prove to a judge that there is good cause for you not paying your debt.

Just Cause: You must show the judge that you had a very good reason for missing your original court date.

Timely Reply: You must show that your judgment was rendered within the 1 year time frame that most states allow for vacating judgments. However, this is very state specific and there are infact ways to attempt to vacate a default judgment beyond the states normal time frame.

No Prejudice: Depending on your state and the specifics associated with your case, you must show the judge that the debt collector will not suffer from prejudice, such as paying additional legal fees, etc. once the judgment is actually vacated.

Know Your State's Laws

When it comes to litigation procedures, each state follows a general set of guidelines, however some states have specific procedures when it comes to having judgments vacated. It is best for you to become very familiar with your state's laws regarding vacating judgments before you file the motion to vacate. The best advice that can be given in doing this is to hire a consumer attorney who specializes in having debt collection judgments vacated. Having an attorney handle your motion to vacate ensures that:

State laws and regulations are properly followed;

Your motion to vacate is complete and correctly drafted;

All of the required paperwork is filed with the correct court and on time;

Original plaintiff is served in a lawful manner;

Any and all evidence is properly attained and presented to the court.

What to Expect in Court

Once your motion to vacate is filed with the court and the case reaches the courtroom, you can expect to see the original plaintiff (the person that filed the debt collection against you), their legal representative (if they have one), your own lawyer (which we recommend), and the judge presiding over your case. Any and all evidence for both parties will be presented to the judge, and arguments will be made regarding the debt being sought to be recovered.

If you have hired an attorney to represent you, it will be your lawyer that will be doing most, if not all, of the talking on your behalf. It is best to keep silent during the preceding while your lawyer does what they know how to do best. If the judge rules in your favor, your judgment will be vacated, which means that the judgment no longer exists. This needs to be forwarded to the credit bureaus so that your credit report can be updated.

Having a debt collection judgment placed on your credit report can have devastating effects on your credit when you attempt to purchase a home or car, apply for a credit card, or simply apply for a cell phone. But if you have recently had a judgment filed against you, and don't want to see it put a blemish on your credit report, you do have another option. You can try to have the judgment vacated.

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