This toolkit tells you what to do if you have received a default or a default judgment after someone sued you to collect a debt. You may have gotten a default or a default judgment if you failed to answer a complaint when you were sued, or if you missed a court hearing. For general information about defaults and default judgments, read the Articles. Read the Common Questions if you have a specific question. If you want to ask a court to set aside a default so they can hear your side of the story, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for asking the court to set aside a default. Go to Courts & Agencies for information about the court or agency 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
Default is a finding by the court that you did not do something you were supposed to do. The court can find you in default if you didn’t do one of the following things:
- Answer a complaint by the deadline
- Follow a court order
- Attend a hearing
- Make a court-ordered payment
You must have the default set aside before you can do anything else in the case. Read the article Setting Aside a Default or Default Judgment in Collection Cases to learn more.
If you are in default, the other side can request a judgment. Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.
A default judgment is an order from the court that says you owe your creditor the full amount of the claim. It can only be ordered after you have been found in default. Your creditor must ask the court to issue the judgment against you.
Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.
Read the article Setting Aside a Default or Default Judgment in Collection Cases to learn more.
A default is a finding in a case before a judgment is entered. After a default is entered, the other side can request a default judgment.
A default judgment is a final order from a judge. Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.
Read the article Setting Aside a Default or Default Judgment in Collection Cases to learn more.