When you are served with a lawsuit, it can be incredibly overwhelming. Your mind may race with worry regarding the impending legal battle you’re facing and how it will impact your life. Though it can be nerve-wracking, it’s imperative to take the necessary steps to protect yourself during these difficult times. While it may seem easy to ignore the lawsuit, doing so can result in a default judgment. However, if you are unable to respond to the lawsuit due to travel, illness, or other reasons, you may be able to have the default judgment against you vacated by the court. If you’re unsure what it means to vacate a judgment or why working with a San Diego consumer lawyer is critical, you’ll want to keep reading as the following blog explores what you should know.
What Is a Default Judgment?
When you are in debt, a creditor may decide to file a lawsuit against you for the funds they are owed. As such, you will be served papers, which include a complaint and summons. The complaint lists information about the lawsuit, like who the plaintiff is and the action they are seeking from the court. The summons is essentially informing you as to when you must appear in court.
Unfortunately, many are under the false assumption that if they ignore the lawsuit, the creditor will be unable to receive the compensation they are seeking. However, this is far from the truth. In reality, ignoring the lawsuit can do more harm than good.
If you do not appear in court, a default judgment will likely be issued against you. The judgment is the court’s final ruling on a matter, and in the case of a debt lawsuit, will reflect the compensation you owe to the creditor for your failure to adhere to the payment plan. A default judgment automatically grants the plaintiff the relief they requested in the petition they’ve filed.
Can I Vacate the Judge’s Decision?
Understanding your legal options is critical if a default judgment is ordered against you. Generally, you can only vacate, or re-open, the case if extenuating circumstances are present. You should note that vacating a judgment does not mean the lawsuit against you will be dropped or dismissed. Instead, it simply reopens the case by removing the judgment so you can defend yourself in a court of law.
As mentioned, if you wish to vacate a judgment, you must have a valid reason to present to the court as to why you did not respond to the lawsuit. The most common reason people use to have a judgment vacated is around service. For example, if you did not receive the summons, were not properly served, or were served but were out of time or ill when served, these would be valid excuses. You should note that failure to respond to a summons because you aren’t sure what it is, generally, is not an excuse; however, if you contacted the plaintiff’s attorney and they tell you not to respond, this would be an excuse.
If you have a valid reason as to why the court should vacate your judgment, you’ll need to first submit a petition to the court that issued the judgment. As mentioned, if the judge vacates the judgment, your case is not over, but re-opened and you may now defend yourself. It’s in your best interest to seek legal representation.
At Barthel Legal, we understand that receiving a judgment can be overwhelming. As such, if you’ve been served or a default judgment has been issued against you, our firm will do everything possible to assist you during these difficult matters. When you need help, our firm is here. Contact us today to learn how we can fight for you.
