Debt Defense – Fight a Default Judgment

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    Fighting a Default Judgment for Consumer Debt

    A default judgment happens when a creditor wins a lawsuit because you didn’t respond or appear in court.

    Once entered, it allows the creditor to start collection actions such as wage garnishment, bank levies, or liens — often without further notice.

    The good news: in many cases, you can ask the court to set aside (vacate) the judgment if you act quickly and have valid legal grounds.

    Step 1 – Understand Why the Default Happened

    Common reasons include:

    • You didn’t receive the lawsuit papers (improper service)

    • You missed the deadline to respond

    • You didn’t appear at the hearing or trial

    Step 2 – Know the Grounds to Challenge a Default

    Typical reasons courts will consider:

    • Improper Service – You were never served correctly under state law

    • Excusable Neglect – A legitimate reason for missing your deadline (e.g., illness, emergency)

    • Meritorious Defense – You have a valid defense to the lawsuit (e.g., wrong amount, wrong person, statute of limitations)

    • Fraud or Misrepresentation – The creditor misled the court

    Step 3 – Act Quickly

    All three states require fast action after learning about the default judgment. The longer you wait, the harder it is to get relief.

    State-by-State Rules

    Florida

    • Rule: Florida Rules of Civil Procedure 1.540

    • Deadline: Must file a Motion to Vacate within a reasonable time — no later than 1 year if based on mistake, excusable neglect, or fraud. Improper service claims can be made at any time if the judgment is void.

    • Requirements:

      1. File a sworn motion explaining why you didn’t respond

      2. Show a meritorious defense (attach a proposed Answer)

      3. Prove the motion was filed promptly after you learned of the judgment

    • Effect of Default: Allows wage garnishment (up to 25% disposable income), bank levies, and liens.

    Tennessee

    • Rule: Tennessee Rules of Civil Procedure 55.02 and 60.02

    • Deadline: Generally within 1 year for excusable neglect, fraud, or mistake. Void judgments (improper service) can be challenged at any time.

    • Requirements:

      1. File a Motion to Set Aside Default Judgment in the same court that entered it

      2. Show both a valid reason for not responding and a defense to the claim

      3. Act promptly after learning of the judgment

    • Effect of Default: Allows wage garnishment (up to 25% disposable income), bank levies, and property liens.

    Texas

    • Rule: Texas Rule of Civil Procedure 329b and the Craddock Test (case law)

    • Deadline:

      • Within 30 days of judgment: File a Motion for New Trial.

      • Up to 4 years: File a Bill of Review for certain cases (must meet strict requirements).

    • Requirements (Craddock Test):

      1. Failure to answer was not intentional or due to conscious indifference

      2. You have a meritorious defense

      3. Setting aside the judgment will not cause undue delay or injury to the plaintiff

    • Effect of Default: No wage garnishment for consumer debts, but bank levies, property liens, and seizure of non-exempt property are allowed.

    Pennsylvania

    • Rule: Pennsylvania Rules of Civil Procedure 237.3 (Common Pleas) & local MDJ rules

    • Deadlines:

      • Magisterial District Court (MDJ): You have 30 days from judgment to file an appeal to the Court of Common Pleas (de novo trial).

      • Court of Common Pleas: File a Petition to Open Judgment within 10 days for automatic relief, or within a “reasonable time” if you can show both a valid excuse and a defense.

    • Requirements:

      1. File a Petition to Open/Strike Judgment

      2. Explain why you didn’t respond

      3. Attach your proposed Answer showing a defense

    • Effect of Default:

      • Wage garnishment not allowed for most consumer debts in PA

      • Bank account levy and property liens are allowed

    New Jersey

    • Rule: New Jersey Court Rule 4:50-1

    • Deadline: Must file a Motion to Vacate Judgment within a reasonable time — and no more than 1 year if based on mistake, excusable neglect, or fraud. Void judgments (e.g., improper service) can be challenged at any time.

    • Requirements:

      1. File motion in the same court that issued the judgment

      2. Show excusable neglect or improper service and a meritorious defense

      3. File promptly after learning of the judgment

    • Effect of Default:

      • Allows wage garnishment (up to 10% gross wages if over $217.50/week)

      • Bank levies and property liens allowed

    Maryland

    • Rule: Maryland Rule 3-535 (District Court) and Rule 2-535 (Circuit Court)

    • Deadline:

      • Within 30 days of judgment — Motion to Alter/Amend or for New Trial (more likely to be granted)

      • Within 90 days — Motion to Revise Judgment for excusable neglect, mistake, or irregularity

      • Void judgments (improper service) can be attacked at any time

    • Requirements:

      1. File in the same court that entered the judgment

      2. Explain your reason for not responding and outline your defense

      3. Provide supporting evidence if possible

    • Effect of Default:

      • Wage garnishment up to 25% of disposable earnings

      • Bank levies and property liens allowed

    Wyoming

    • Rule: Wyoming Rules of Civil Procedure 60(b)

    • Deadline:

      • Must file within a reasonable time — and no more than 1 year if based on mistake, excusable neglect, or fraud.

      • Improper service (void judgment) can be challenged at any time.

    • Requirements:

      1. File a Motion to Set Aside Judgment in the same court that entered it

      2. Show both a valid excuse for not responding and a meritorious defense

      3. File promptly after learning of the judgment

    • Effect of Default:

      • Wage garnishment up to 25% of disposable income

      • Bank levies and property liens allowed

      • Judgments valid for 8 years (renewable)

    California

    • Rule: California Code of Civil Procedure §§ 473(b) & 473.5

    • Deadline:

      • 473(b): Within 6 months if based on mistake, inadvertence, surprise, or excusable neglect.

      • 473.5: Up to 2 years after entry of judgment (or 180 days after you learned of it) if you weren’t properly served.

    • Requirements:

      1. File a Motion to Set Aside Judgment

      2. Provide a sworn declaration explaining why you didn’t respond

      3. Show a meritorious defense and attach your proposed Answer

    • Effect of Default:

      • Wage garnishment up to 25% of disposable income (less if hardship applies)

      • Bank levies and property liens allowed

      • Judgments valid for 10 years (renewable)

    Arizona

    • Rule: Arizona Rules of Civil Procedure 60(b)

    • Deadline:

      • Must file within a reasonable time — and no more than 6 months for mistake, inadvertence, or excusable neglect.

      • Void judgments (improper service) can be attacked at any time.

    • Requirements:

      1. File a motion in the court that entered the judgment

      2. Show both a valid reason for missing the case and a meritorious defense

      3. File quickly once you know about the judgment

    • Effect of Default:

      • Wage garnishment up to 25% of disposable earnings

      • Bank levies and property liens allowed

      • Judgments valid for 10 years (renewable)

    Steps to Fight a Default Judgment

    1. Act Fast — The sooner you file, the stronger your argument

    2. Gather Evidence — Proof of improper service, illness, or other valid reason; plus defense documents

    3. Prepare Your Motion — Must explain both why you missed court and why you can win

    4. Serve the Creditor’s Attorney — Provide them a copy of your filing

    5. Attend the Hearing — Be ready to explain your situation to the judge

    Step 4 – Gather Your Evidence

    You’ll need:

    • Proof of improper service (affidavits, address records, etc.)

    • Documents showing your defense (account statements, payment records)

    • Written timeline of events

    Step 5 – File and Attend the Hearing

    • File your motion in the same court that issued the judgment

    • Serve a copy on the creditor’s attorney

    • Attend the hearing — be ready to explain why you missed your deadline and why you can win the case

    Step 6 – If Granted

    • The judgment is vacated

    • The case reopens, and you must immediately file your Answer

    • Begin preparing your defense as if starting fresh

    Important Tips

    • Act fast — waiting even a few weeks can make your motion less persuasive

    • Hire an attorney if possible — procedural rules are strict

    • Even if your motion is denied, you can still try to negotiate a settlement

    📞 Facing a default judgment? 
    We help consumers vacate judgments, stop garnishments and levies, and defend against debt lawsuits. Call 855-978-6564!