Start My Answer
loading...

Motion for Default Judgment - Everything You Need to Know

Hannah Locklear | April 11, 2024

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by George Simons, JD/MBA

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.

Summary: A motion for default judgment means you didn’t respond to your debt lawsuit in time, and the creditor or collector is requesting an automatic judgment against you. If granted, a default judgment can lead to wage garnishment, property liens, and more. File an Answer into your case to avoid default.

Many people choose to ignore a court Summons or their court dates because they do not know the steps to follow after being sued by a debt collector. When this happens, the judge may rule in favor of the plaintiff. Such a ruling is considered a default judgment. The document that requests a default judgment is commonly known as a motion of default judgment.

This kind of ruling binds the defendant to obey the court orders, despite their absence during the hearing. However, if the defendant has genuine reasons for missing a court hearing, they can file for a motion to vacate default judgment to stop the enforcement of the ruling. If accepted, the motion to vacate gives the defendant a second chance for a hearing.

What is a motion for default?

A motion for default, also known as a motion for default judgment, is a legal document that a creditor or debt collector can file into a debt case. A motion for default is the creditor’s request to win the case automatically because of the debtor’s failure to respond.

In other words, if you do not respond to your debt lawsuit in time, the plaintiff may file a motion for default judgment.

Here’s an example of a real motion for default judgment:

Note that the motion for default judgment must be granted by the court, and a court order must be obtained, before the plaintiff can enforce the judgment.

Here’s an example of an order for default judgment:

If you receive a motion for default judgment, along with a court order, check the order for the judge’s signature. Without a signed court order, the default judgment isn’t official yet.

It is common practice for big debt collection agencies to sue for debt and file a motion for default judgment weeks later. It’s part of their debt collection system, and it’s usually quite effective because most people don’t know how to respond to a summons for debt.

Don’t be one of those people. A default judgment can lead to serious consequences. Keep reading to learn more.

What happens after default judgment is granted?

After a default judgment is granted, the plaintiff will obtain stamped copies of the judgment paperwork to be mailed to you. This process is done before collecting any amount of money from your employer or bank. The default judgment allows the debt collector to garnish your wages or levy your bank accounts to collect their money back.

Before the garnishment is enforced, you'll be given some time to respond to the judgment by either accepting or objecting to it. You may object by filing a motion to vacate if you have reasons to believe that the court should not have passed the default judgment against you. If the court does not receive any response from you, all the provisions passed in the ruling will be honored.

Avoid a default judgment by filing a response with SoloSuit.

Reverse a default judgment by filing a motion to vacate

A motion to vacate a default judgment could be your best shot at reversing a default judgment and stopping a wage garnishment order from being enforced. If accepted, this motion will give you a chance to argue your case. First, however, there must be viable reasons to compel the judge to allow a second hearing.

Some of the reasons for filing a motion to vacate a default judgment include:

  • Genuine reasons for missing the hearing, such as not receiving the papers for the hearing.
  • A good defense why the plaintiff should not win the case.
  • Bad jurisdiction services, such as being served on a Sunday.
  • New evidence that may not have been discovered during or before the hearing.
  • Personal out-of-control reasons for missing the hearing, such as being ill, transportation difficulties, or being incarcerated on the day of the hearing.
  • You were served by the person suing you.

Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.

It is not guaranteed that the court will accept your motion to vacate a default judgment. However, there are other ways of handling a default judgment.

If your creditor is kind enough, you may agree on an out-of-court settlement in a lump sum or comfortable monthly installments. However, there is no guarantee that the creditor will be willing to negotiate the debt any further. If the debt collection process was costly and frustrating, the debt collector might not grant you any further chances.

Alternatively, you may file for bankruptcy if you have no sufficient income to sustain the debt and your livelihood. If you file for bankruptcy, the judgment will be nullified, including any other debts that you may owe. However, a bankruptcy will significantly affect your credit report and may make it difficult for you to even buy or rent a house in the future.

Make the right defense the right way with SoloSuit.

Falling behind in debt payment is not a crime. But on the other hand, creditors will not hesitate to contact you or pursue legal means to collect their debts. So although they can be frustrating, it is always good to respond to the creditors and negotiate a reliable repayment plan. That way, you will avoid costly debts and all the frustrations related to the whole lawsuit process.

SoloSuit is a step-by-step app that drafts a suitable Answer to a debt collection lawsuit. All you need to do is answer a few questions about your case to generate your Answer document, which a consumer attorney will then review before sending it to the relevant parties. With the availability of apps like SoloSuit, there's no excuse not to respond to a debt collection lawsuit; it makes the whole process easier, faster, and convenient.

Settle with SoloSettle

Make an Offer

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started


Contents