How to Fight a Civil Judgment

Winning an appeal means you don't owe the plaintiff money.

The consequences of not fighting a civil lawsuit --- whether by not filing a written answer or by failing to appear in court --- can have lasting effects. A civil judgment lowers your credit score, causes you to pay higher interest rates and stays on your credit report for at least seven years. Fighting a civil judgment proceeds in two ways: vacate or appeal. A court may overrule a civil judgment and vacate, or remove, the default judgment. When a civil judgment is removed, the original lawsuit resumes as if the civil judgment never occurred. You can also appeal the verdict to fight a civil judgment.

Instructions

How to Fight a Civil Judgment

1. Investigate state rules on vacating a default motion. The jurisdiction may have procedural defenses to overturn the default judgment, such as not receiving the complaint.

2. Compose your motion. You should list the court docket number along with the case information. The motion also includes your reason to set aside the motion.

3. Give the motion to the clerk of court's office that handled the original lawsuit. You have two options: You can mail or go to the clerk of court's office. The clerk may request you pay a filing fee before the motion is filed.

4. Notify the plaintiff. You can send a copy of the filed motion in the mail to the plaintiff or pay the clerk of court's office to do it for you.

5. Attend the hearing. The hearing occurs approximately 35 days after you file your motion. During the hearing, you have to prove the civil judgment wasn't legal.

Appealing a Civil Judgment

1. Research the appeal rules to determine eligibility. Different jurisdictions have specific rules and procedures for appealing. Massachusetts and California, for example, don't allow you to appeal if you lose the case but will allow a plaintiff to appeal.

2. Write an appeal. Your appeal typically consists of the reason for overturning the civil judgment, such as a legal mistake made during the lawsuit.

3. File the appeal in the jurisdiction where the lawsuit was filed. A clerk of court may require you to pay a fee to file your appeal.

Tips & Warnings

• If you plan to appeal a civil judgment, don't wait to file the petition. In most states, you typically have 10 to 30 days to file the appeal. There are, however, exceptions. In Washington, D.C., you have three days. In Rhode Island, you must file within two days.

• A clerk of court's office may charge a higher fee to file a motion to appeal or set aside a civil judgment.

References

• Nolo Press: The Appeal
• Credit Infocenter: Vacating a Judgment