What does it mean to vacate a default judgment?

Full question:

What is Vacate Default?

  • Category: Courts
  • Date:
  • State: National

Answer:

A default occurs when a party fails to take a required action, often seen in default judgments. In such cases, a plaintiff may receive a judgment automatically because the defendant did not respond to the complaint. If the defendant can show a valid reason for not responding, such as not being properly served, they may request to have the default judgment vacated. This means they seek to have the judgment declared void or canceled.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In court terms, to vacate means to annul or set aside a previous judgment or order. This can happen when a party shows valid reasons for not participating in the original proceedings, such as lack of proper notice. When a judgment is vacated, it is treated as if it never existed, allowing the case to be reopened for further proceedings.