Start My Answer

Motion for Default Judgment - Everything You Need to Know

George Simons | December 02, 2022

Don't carry around that debt forever.

Summary: Are you being sued for an old debt? Not sure what to do about that motion for default judgment? Find out everything you need to know here.

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 or 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 happens after a default judgment is passed?

It is never a great idea to ignore court summons for a debt collection lawsuit; Solosuit can help you respond to such lawsuits, thanks to the easy-to-use application that generates a suitable Answer document.

Suppose you missed the hearing, and the court passed a default judgment. In that case, here's what to expect from the ruling.

Firstly, the plaintiff will obtain stamped copies of the default 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.

Filing a motion to vacate a default judgment

A motion to vacate a default judgment could be your best shot at 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.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court