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What If I've Defaulted?
 by Rexx Hogan

If you've been defaulted, don't give up. What does it mean to default? It means you failed to defend yourself in a lawsuit that was served on you. The other side gets a "default judgment" that allows them to garnish your wages and seize your bank accounts or other assets.

Should you give up? Is it all over? This largely depends on how old the default judgment is. If you act as soon as you find out about the default judgment, you have a good chance of getting the thing "vacated" or "set aside." That means the other side would have to try to prove its case against you and show the court that it was entitled to the money it is seeking.

In general, if you discover the default judgment within thirty days of its entry and immediately take action, you will probably be able to get the judgment vacated very easily. If it's been more than thirty days, it can be more difficult to get the judgment vacated. You still have a chance if you can show two things: a good reason for failing to file an answer in the first place AND a defense to some or all of the case against you.

For more information and some forms that might help you vacate a default judgment, get my report, "What to do if you Have Defaulted?".