A frozen bank account or money missing from your paycheck may be your first sign of a lawsuit. You may be able to vacate a default judgment in California if you were never properly served.
How to Vacate a Default Judgment in California
A default judgment is a court decision entered when no response is filed. But if the lawsuit papers were never properly delivered to you, there may be grounds to ask the court to undo that judgment.
That request asks the court to “vacate,” or set aside, the judgment. Deadlines can be short. Some run from when you learned about the judgment, so do not wait to get your papers reviewed.
Start by gathering:
- The earliest notice, bank letter, or paycheck record that told you about the judgment.
- The judgment and lawsuit papers, if you have them.
- The proof of service filed with the court.
The proof of service says how and when the papers were delivered. It can be challenged. “Sewer service”—faking proof of delivery—happens in high-volume debt filings. A filed proof does not put its claims beyond question.
What Changes if the Court Undoes the Judgment?
If the judgment is vacated, a wage garnishment or bank levy based on it generally stops. The collector must prove its case from the start. This gives you a chance to respond and defend yourself.
A free case review can map the deadlines for your exact papers and explain your options for California debt lawsuit defense. Bring the earliest document you received: the date you learned about the judgment matters.
Talk to a California consumer protection lawyer
You do not have to figure this out alone, and reviewing your papers now can help you take the next step. Get your free case review or call (424) 603-8888.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney-client relationship. The law changes, and this article reflects the law as of its publication date. Every situation is different — send us your papers to discuss how the law applies to your exact situation. See our full disclaimer.
