Court & Hearings

If you do not respond to a lawsuit or miss an important court date, the judge can decide the case without hearing When the parties in a case present their sides of a case to a judge or other officer your side. This is called a default judgment. It means the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. wins automatically because you did not participate.

If you file a motion to undo ("vacate") the default judgment within 30 days, the judge will usually grant it, especially if you have a good reason for missing court. If it has been more than 30 days, it is much harder to undo the judgment.

What is a default judgment?

A default judgment is a court order that says the defendant The person or organization being sued in a lawsuit loses the case because they did not take part in the case. This usually happens when:

• The defendant does not file an answer A written statement used to respond to the complaint or petition in a lawsuit to the lawsuit, or
• The defendant misses an important early court date, such as the first hearing in the case.

When a default judgment is entered, the judge usually orders the defendant to pay money or follow another court order. 

How do I get rid of a default judgment?

If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing. Learn more about filing a motion to vacate a default judgment.

What should my motion say?

Your motion should say the following things:

• That you want the default judgment vacated.
• The date the default was entered.
• Why you missed the court date (car problems, mistakes about date, time, or location, etc.).
• Any arguments or defenses you plan to make if the default judgment is thrown out.
• The date and time of the missed hearing
• The date you learned the default judgment was entered
• The case number A number assigned to a case that is on every paper filed in the case for which the default judgment was entered
• What department and division the motion will be filed in
• The plaintiff A person or party that starts a lawsuit ’s address and phone number (or their lawyer Someone who represents clients in courts or who gives legal advice 's, if they have one)
• Your address and phone number
• When you will deliver or mail the Motion and Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. to the plaintiff (this is the "Proof of Delivery" section of the forms)

Our vacate default judgment program will help you fill out the forms. It will help you make sure you include all of the needed information.

What happens if I don't do anything?

A default judgment is much harder to undo after 30 days have passed. After 2 years, it is basically impossible.

The plaintiff can collect on the judgment by taking many different actions, including:

• Garnishing your wages The amount of money that a person is paid for work they do ,
• Freezing your bank account, and
• Getting liens against your property.

The judgment will also show up on your credit report and will hurt your credit score.

Will I go to jail if I miss a court date?

Only if you received papers saying that you are ordered to appear. For most court dates, losing by default is the worst that can happen.