Before Using This Template
This template provides a starting framework for a motion to vacate a default judgment in a debt collection case. Court rules, required formats, and applicable law vary by state and court. Before filing, check your local court's rules for: motion format requirements, filing fees, service requirements, and scheduling procedures.
This is educational content, not legal advice. If possible, consult with a consumer rights attorney. Many offer free consultations for default judgment cases, and some take these cases on contingency if FDCPA violations are involved.
Sample Motion Language
IN THE [COURT NAME]
[COUNTY/DISTRICT], [STATE]
[Plaintiff Name], Plaintiff
vs.
[Your Name], Defendant
Case No. [XXXXX]
DEFENDANT'S MOTION TO VACATE DEFAULT JUDGMENT
Defendant [Your Name] respectfully moves this Court to vacate the default judgment entered on [date] for the following reasons:
I. PROCEDURAL HISTORY
Plaintiff filed this action on [date]. A default judgment was entered on [date] in the amount of $[amount]. Defendant first became aware of this judgment on [date] when [explain how you discovered it -- garnishment, credit report, etc.].
II. GROUNDS FOR RELIEF
[Choose applicable ground:]
A. Defendant was never properly served with the summons and complaint. [Explain: wrong address, never received, etc.]
B. Defendant's failure to respond was due to excusable neglect. [Explain circumstances.]
C. The judgment is void for lack of personal jurisdiction due to defective service.
III. MERITORIOUS DEFENSE
Defendant has the following meritorious defense(s) to the underlying claim: [Describe: SOL expired, wrong person, already paid, standing, amount incorrect.]
WHEREFORE, Defendant requests this Court vacate the default judgment, allow Defendant to file an answer, and for such other relief as the Court deems just.
Respectfully submitted,
[Your name, address, phone, email]
Required Attachments
Your motion should include: 1. Proposed Answer -- a draft answer to the original complaint listing your defenses. 2. Declaration/Affidavit -- your sworn statement explaining the facts supporting the motion. 3. Supporting evidence -- address documentation, benefit statements, or other proof supporting your grounds. 4. Certificate of Service -- proof you sent a copy to the plaintiff's attorney.
File the motion and all attachments with the court clerk. Pay any required filing fee. Serve a copy on the plaintiff's attorney by mail (certified if possible). The court will schedule a hearing, typically 2-4 weeks after filing.
Frequently Asked Questions
Can I use this exact template in my case?
This is a starting framework that should be adapted to your state's rules and your specific facts. Court formatting requirements vary significantly. Check your local court's website for any specific motion templates or format requirements.
Do I need to file a proposed answer with the motion?
Most courts require or strongly prefer a proposed answer be filed with the motion to vacate. The proposed answer shows the court what defenses you intend to raise and demonstrates that vacating the default would serve a purpose. Without it, courts may deny the motion.
How much does it cost to file a motion to vacate?
Filing fees vary by court, typically $30-150. Some courts waive fees for low-income filers (file a fee waiver application). You may also need to pay for certified copies and mailing costs. Total out-of-pocket is usually under $200.
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