How to file a motion to vacate a judgment

Vacating a judgment means that the party (plaintiff or defendant) against whom a judgment has been passed can reopen the case with a view to turn the judgment in their favor. A motion to vacate a judgment must be filed within 30 days from the date you received the judgment notice from the court. However, if you did not receive the judgment notice from the court, the court allows you to file the motion within 180 days from the date you realized that a judgment has been passed against you.

For filing the motion to vacate the judgment, you need to fill up the form after paying the prescribed fees with the clerk’s office in the court from where the judgment was passed. Mostly a motion to vacate a judgment is filed in case of default judgment and so you may need to mention the reason for not being present on the day the judgment was passed. Once you file the motion, the court will fix up a formal hearing date, the details of which will be notified to both parties. The judge may ask you the reason for not being present in the court the first time, if it was a default judgment. Now it depends on the court to decide whether your motion will be granted or not. If your motion is granted the judge may take a hearing right there and so you should always be prepared to present your case. If your case is not heard on that date, you will receive a new date, and both the parties will be informed about the new date.

Now, if the judgment is passed in your favor, you will be receiving a document from the court mentioning that your case has been dismissed and you may send a copy of the court document to the credit bureaus and ask them to remove the judgment from your report.

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