Default judgments are placed in a court of law against someone owes another corporation, business or person money. It can be placed against borrowed funds or services performed and money owed.

A judgment placed against you is the only way a business, corporation or person can collect funds owed them. This default judgment will appear on your credit report and is reported to all three major credit reporting agencies. This will seriously affect your credit opportunities in the future.

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.

If you feel the information used against you is incorrect, you have the to have the judgment vacated. This can only be granted by a judge, so you must begin the process as soon as you can. You cannot schedule a new trial or an appeal until this is done.

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.

A clerk will timestamp the paperwork, set the date and time in which you must appear. The clerk will notify your accuser as well. If you were not aware of the Notice of Judgment filed against you, the law also states you have 180 days to file a Notice of Motion to Vacate Judgment. A judge may consider your circumstances, but you have to appear before the court to be heard.

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 denies your request to vacate the default judgment, you have 10 days in which to file an appeal.

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