A default judgement is placed against you by a court of law by a lender or debt collector who claims you owe them money. A judgement is the only recourse a creditor has against a debtor to secure they will be repaid.

For example; when you apply for a credit card in the fine print you agree that the credit card company can sue you in a court of law if you stop paying your bill. If you see a default judgement on your credit report then you were not present at the court hearing. We have heard many stories of individuals that were not properly notified of their court case.

Unfortunately, this mark will affect your credit rating and do you considerable harm when applying for new credit. It will appear on your report for 7-10 years. Depending on what state you live in you could have your wages garnished or a lien placed against your property.

When is a Default Judgement Entered?

The only time a default judgement is claimed against you is if you did not show up in court to contest or confirm this claim. If you were not aware of a judgement being placed against you, there are laws in place to protect you. You do have certain rights to enable you to vacate a judgement and get it removed from your past.

How to Reverse a Default Judgement

If you feel the information used against you is incorrect, you can have the judgement vacated. This can only be granted by a judge, so you must begin the process as soon as possible. You cannot schedule a new trial or an appeal until this is done.

Steps to Vacate a Default Judgement

There are steps you need to take to begin the process of vacating a judgement. First, go to your local small claims court and ask the clerk for a “Notice of Motion To Vacate Judgement” paying a nominal fee that can differ from state to state. You MUST fill this form out within thirty days of receiving your Notice of judgement so that it can be time stamped and filed with the proper court.

A clerk will timestamp the paperwork, set the date and time in which you must appear. The clerk will notify your accuser as well. If you were not aware of the Notice of judgement filed against you, the law also states you have 180 days to file a Notice of Motion to Vacate judgement. A judge may consider your circumstances, but you have to appear before the court to be heard.

Time can be used to gather evidence or proof if you need to state your case. You can ask the judge for a continuance or postponement of your trial to support your circumstance.
If the judge decides to deny your request to vacate the default judgement, then you have 10 days in which to file an appeal against his denial.

Do I Have To Just Live with Bad Credit?

No, you can fix credit items – however it will require you to take action! You must dispute the negative items on your report. You must file a dispute with each credit bureau.

You can dispute these items yourself or hire a credit attorney – just make sure you do your homework before you hire someone. They should offer a guarantee and charge reasonable fees!

Call 1-800-230-1954 – Now and Get a Free Credit Consultation!