Vacating A Default Judgment

If you have been sued in an HP proceeding and a judgment has been entered against you because you defaulted, that is, you failed to answer or did not show up to defend yourself, you can seek to have the judgment vacated (thrown out). If you are not sure whether a judgment has been entered against you, you can click on Locations and find out where to go in your county to check.

To vacate a default judgment, you should fill out an Order to Show Cause. An Order to Show Cause is a legal paper, signed by the judge, that orders the other side to appear in court and "show cause," that is, give a good reason, why the judgment should not be vacated. You must fill out an Affidavit in Support of the Order To Show Cause explaining the reason you did not go to court, such as, you never received notice of the proceeding, or you were sick; and, you must explain your defenses to the claims against you, such as, the apartment does not need any repairs. To learn about the procedure, click on Order to Show Cause.

If the judge vacates the default judgment and restores the case to the calendar, you must be ready to prove your side of the case.