General Framework
Most states follow a framework similar to Federal Rule 60(b), which allows motions to vacate within one year for reasons of excusable neglect, newly discovered evidence, or fraud. Void judgments (lack of jurisdiction) can be challenged at any time. Some states are more generous, others more restrictive.
The deadline typically runs from the date the judgment was entered, not the date you discovered it. However, many states toll (pause) the deadline if you didn't know about the judgment and couldn't reasonably have discovered it. If a creditor starts garnishing your wages and that's the first you learn of the judgment, courts are generally sympathetic to late motions.
States With Liberal Deadlines
California: 6 months from entry for most grounds (CCP 473(b)), 2 years for extrinsic fraud, no limit for void judgments. New York: 1 year for excusable default (CPLR 5015(a)(1)), no limit for lack of jurisdiction. Texas: "Reasonable time" standard with no fixed outer limit for many grounds. Florida: 1 year for excusable neglect, "reasonable time" for void judgments.
In these states, filing within the first year gives you the best chance. But even after a year, you may succeed under alternate grounds (fraud, void judgment, or independent action in equity).
States With Strict Deadlines
Some states have shorter or more rigid deadlines: Illinois: 30 days for most grounds (2-1301), 2 years for limited grounds (2-1401). Ohio: "Reasonable time" but courts often require action within months. Pennsylvania: Generally requires filing within 30 days of judgment for most grounds, though exceptions exist for fraud and lack of service.
In strict-deadline states, act immediately upon discovering a default judgment. Even a few weeks' delay can be fatal to your motion. If you're past the deadline, consult an attorney about alternative relief (independent action to set aside judgment, due process challenge, or bankruptcy to discharge the judgment debt).
When Bankruptcy Is the Alternative
If the deadline to vacate has passed and the judgment is based on dischargeable debt, bankruptcy can eliminate the underlying obligation. Chapter 7 discharge makes the judgment uncollectible for dischargeable debts (credit cards, medical bills, personal loans). You can also use 11 U.S.C. 522(f) to avoid judgment liens that impair exempt property.
Bankruptcy doesn't vacate the judgment itself, but it eliminates the debt and stops enforcement. If the judgment has already resulted in wage garnishment, the automatic stay stops it the day you file. If you're judgment proof, the judgment may be practically meaningless even without vacating it or filing bankruptcy.
Frequently Asked Questions
What if I didn't know about the judgment until years later?
Many states have equitable tolling provisions that pause the deadline until you knew or should have known about the judgment. If you can demonstrate you had no notice, courts often extend the time. Discovery of the judgment through wage garnishment or a credit report is typical.
Can I vacate a default judgment after 5 years?
Possibly. If the judgment is void (improper service, lack of jurisdiction), there's no time limit in most states. For other grounds, you'll need to show either equitable tolling or pursue alternative relief like an independent action in equity or bankruptcy.
Does filing bankruptcy vacate a default judgment?
Bankruptcy does not vacate the judgment, but it can discharge the underlying debt and remove judgment liens on exempt property. The practical effect is the same -- the creditor can no longer enforce the judgment for dischargeable debts.
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