What Courts Require
When you move to vacate a default judgment, most courts require you to show a meritorious defense -- a defense that, if proven, would result in a different outcome. This doesn't mean you have to prove you'll win. The standard is lower: you need to show that the allegations in the complaint are contestable and that your defense is not frivolous.
The purpose is to prevent wasting judicial resources. Courts don't want to vacate defaults only to have the same result after litigation. But the bar is intentionally low -- courts favor resolving disputes on the merits rather than by default.
Common Meritorious Defenses in Debt Cases
Statute of limitations: The most powerful defense. If the SOL has expired, the claim fails as a matter of law. Lack of standing: The plaintiff (usually a debt buyer) cannot prove they own the debt. They need a complete chain of assignment from the original creditor to themselves. Incorrect amount: The balance is wrong due to unauthorized fees, incorrect interest, or payments not credited. Identity error: You're not the person who incurred the debt. Already paid: The debt was settled or paid in full. Fraud: The debt was incurred through fraud or identity theft.
For your motion, you typically include a proposed answer that lists your defenses and a brief affidavit explaining the factual basis.
How Much Detail Is Required
You don't need to submit all your evidence at the vacate stage. A brief factual statement is sufficient. For example: "The last payment on this account was made on March 15, 2019. The applicable statute of limitations is 4 years. This lawsuit was filed on September 1, 2024, more than 5 years after the last payment."
Or: "I have never had an account with [original creditor]. I believe this is a case of mistaken identity. I am prepared to present evidence showing I did not incur this obligation." The court evaluates whether the defense is plausible, not whether it's proven.
Frequently Asked Questions
Do I need evidence to show a meritorious defense?
A sworn statement (affidavit or declaration) explaining your defense is usually sufficient at the motion stage. You don't need to present the full evidence you'd need at trial. Courts evaluate whether the defense is facially plausible, not whether you've proven it.
Can 'I can't afford to pay' be a meritorious defense?
No. Inability to pay is not a legal defense to a debt claim. Meritorious defenses challenge whether the debt is owed at all (identity, already paid), whether it's enforceable (statute of limitations, standing), or whether the amount is correct.
What if I know I owe the debt -- do I still have a meritorious defense?
Possibly. Even if you owe the debt, you may have defenses based on: the statute of limitations, the plaintiff's inability to prove they own the debt, incorrect amount (including unauthorized fees or interest), or FDCPA violations that can offset the claim. Consult with an attorney to evaluate your specific situation.
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