This toolkit tells you how to set aside a consent judgment in an eviction case. For general information about setting aside a consent judgment, read the Articles. Read the Common Questions if you have a specific question. The links under Courts & Agencies will tell you about the court that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
A consent judgment is an agreement you and your landlord come to about your eviction that you present to a judge. If the judge signs it, it ends the case.
Having a consent judgment set aside means the judgment is undone; it’s as if the judgment never happened.
To set aside a consent judgment you must meet all of the following requirements:
- You did not have a lawyer when you signed the consent judgment;
- You did not know about your rights when you signed the consent judgment; and
- You file your motion to set aside the consent judgment within three business days from when the judge signed it.
As a practical matter, you also need a defense or a counterclaim that could change the outcome of the case.
To learn more, ready Setting Aside a Consent Judgment in an Eviction Case.