When you receive a copy of a judgment ordered against you for a lawsuit you didn’t know was happening, you may be incredibly confused. If you have been sued but never responded, the court can issue what’s known as a default judgment. However, it’s important to understand that in some instances, you may be able to file a petition to have the judgment vacated. If this reflects your circumstances, it’s imperative to connect with an experienced Los Angeles, California debt defense lawyer to discuss your legal options during these difficult matters. The following blog explores what a default judgment is and the grounds on which it can be vacated.
What Is a Default Judgment?
When a creditor files a lawsuit against you over a debt you owe, there are several steps that must be taken. You will be served papers, which include the complaint and summons. The complaint informs you of the fact that the lawsuit has been filed against you and what relief the plaintiff has requested from the court, while the summons provides information as to how and when you must respond and appear in court.
If you fail to respond to the lawsuit by the date and time specified in the summons, a default judgment may be issued against you. Essentially, this means that because you did not respond or refute the information in the complaint, the judge has awarded the plaintiff the damages sought in the complaint.
How Do I Vacate This?
When a default judgment is issued against you, you may be able to petition to have it vacated. This essentially means that the judge will reopen the case so that you may defend yourself. It’s important to understand that having a default judgment vacated does not mean your case is dismissed or you won; it simply grants you the right to fight in court. You should also note that there are specific circumstances under which you can be awarded a vacated judgment.
In general, you must have a valid reason for failing to respond to the lawsuit filed against you. For example, if you were traveling or ill and unable to file a response, you may be able to vacate the judgment. Additionally, if you were subject to improper service, it may warrant an overturning of the judge’s decision. You should note that if you were properly served and didn’t understand the lawsuit, this is not a valid reason to vacate the decision. However, if you spoke with the plaintiff’s attorney after you were served and they told you you didn’t have to do anything, this can warrant vacating the judgment.
If you wish to pursue this route, you must file a petition with the court to have the case vacated. If granted, you will receive information from the court about the next steps in your court case.
When you discover a default judgment has been ordered against you, taking the necessary steps to protect yourself is critical. This includes hiring qualified legal representation! At Los Angeles Legal Solutions, our team understands how overwhelming these matters can be. That’s why we are ready to assist you. If you need help, contact our team today to discuss your circumstances so we can determine the best course of action for your needs.
