Vacating a Default Judgment
If you are sued on a debt and did not respond with an Answer or did not go to scheduled court dates, the judge may automatically rule against you. This is called a default judgment. A default judgment may allow creditors to garnish your wages and freeze your bank account.
You may be able to vacate (cancel) a default judgment.
Common Reasons to Vacate (Cancel) a Default Judgment
- Excusable Default
- You had a good reason for missing court (e.g., illness, not receiving the papers).
- You have a legal defense (e.g., you do not owe the money).
You usually must ask to vacate within one year of the judgment in these situations.
- Improper Service
- You were not properly notified of the lawsuit. There is no time limit for this type of request.
To learn more about what “proper service” is, visit the NY Courts Help page about how legal papers are delivered.
How to Request to Vacate (Cancel) a Default Judgment
You can use this free online tool from NYCourts.gov and LawHelp to complete the forms to ask a court to vacate a default judgment. If you need help, visit a local library, legal aid group, or Court Help Center.
If the judge agrees to review your request, a new court date will be scheduled. Be on time and bring all necessary documents. If the judge vacates the judgment, the case starts over, and you get a chance to defend yourself.
For further information regarding your debt collection lawsuit, contact your local LawNY office.
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This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.
Last Reviewed Date: April 2026
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