How to Appeal a Civil Default Judgment
A default judgment is a decision made in a court of law which finds a defendant guilty based on his failure to appear for a scheduled court date. When these are given out in a civil court, one which handles disputes between individual citizens, they are known as civil default judgments. Since the judgments are made by default, and the defendant is not given the chance to defend himself, one cannot technically appeal a default judgment. Rather, one must file a motion to set aside or vacate the default judgment and then appear at a scheduled retrial.
Other People Are Reading
Instructions
-
-
1
Locate a copy of the court form for the default judgment you are appealing. A copy of the form should have been sent to your home address shortly after the default judgment was made. The original copy is stored in the courthouse at which the default judgment was made and can be copied upon request. The form will contain important information, such as the case number and date of judgment, that is essential for filing an appeal.
-
2
Determine whether you are still within the deadline for appealing a civil default judgment in your state. Most states have a period of around three months after the default judgment was made during which you can appeal. If the deadline has passed, you will be unable to appeal the civil default judgment.
-
-
3
Navigate a web browser to the website for your state courts in which the civil default judgment was made. There you can search for the forms you will need for your appeal. Try searching for "motion to set aside default judgment" or "motion to vacate default judgment." The exact title of the form is unique to the state you are in. Also search for forms titled "affidavit to set aside default judgment" and "order to set aside default judgment." Print all three forms.
-
4
Fill out the motion, affidavit and order to set aside the default judgment with your specific information. This will include your case number, Social Security number, address and other information.
-
5
Take the affidavit to a notary public and have it notarized.
-
6
Make three photocopies of the completed forms. Most civil courts require that multiple copies of forms be submitted for their records.
-
7
Submit copies of the completed forms to the courthouse in which the default judgment was made. A court clerk will file your paperwork with the courthouse, and you should expect a ruling on the matter within the next month.
-
8
Determine whether a judge has accepted your request for them to set aside or void the default judgment that was made against you. The ruling will be sent to you in the mail. If your request has been accepted, then a date for the retrial will have been set and you will be expected to appear to defend yourself against the original charges. If your request is not accepted, you are stuck with the judgment made by default.
-
1
Tips & Warnings
If you have trouble finding any of the forms required for this process, try making a phone call to the courthouse in which you are hoping to appeal the default judgment. Most courthouses have staff who are paid to assist citizens with their legal inquiries.
References
- Photo Credit Jupiterimages/liquidlibrary/Getty Images
