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How to vacate a default judgment in a New York debt case

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

If a creditor got a judgment because you didn't answer or show up, you can ask the same court to vacate (cancel) it. The main grounds are: a reasonable excuse for missing the deadline plus a real defense, if you move within one year after being served with notice of the judgment; lack of jurisdiction, such as never being properly served; and fraud or misconduct by the other side. If the papers weren't handed to you personally and you didn't learn of the case in time, you may also have up to one year after learning of the judgment (and no more than five years after it was entered). The court can also pause collection while it decides.

Read on for the details, the exceptions and the sources.

In plain words

Vacate
Cancel. A vacated judgment no longer exists, and the case goes back to where it was before the default.
Motion
A formal request asking the judge to do something.
Order to show cause
A way of bringing a motion in which the judge signs an order setting the hearing date — and can order a temporary pause in collection.
Meritorious defense
A real defense that could win, such as 'not my debt', 'already paid' or 'too old to sue on'.
Excusable default
Missing the deadline for a reason the court accepts as reasonable.

Where to go

File in the court that entered the judgment — the motion goes to 'the court which rendered a judgment' (CPLR Rule 5015(a)). Find the court name and index number on the restraining notice, income execution or other papers you received, then go to that court's clerk's office to look at the file, including the server's affidavit of service.

The court system offers a free do-it-yourself program that prepares papers to vacate a default judgment in a consumer debt case, and CourtHelp explains the process. Many courthouses also have help centers or volunteer lawyer programs for consumer debt.

What documents you need

  • Any paper showing the judgment: restraining notice, bank letter, income execution, or a copy of the judgment
  • The court file, especially the affidavit of service (it says how, when and where you were supposedly served)
  • Proof of where you lived when service supposedly happened: a lease, utility bills, ID
  • Evidence of your defense: proof of payment, a statement showing the last payment date, an identity theft report
  • Proof of when you first learned about the judgment, such as the bank's letter

Fees and costs

Courts may charge a fee to file a motion; ask the clerk. If you can't afford it, you can ask the court to waive costs and fees, with a sworn statement about your income and assets (CPLR § 1101). If the judgment is vacated, the court can order money that was already taken to be returned (CPLR Rule 5015(d)).

Deadlines

  • Excusable default: within one year after you were served with a copy of the judgment with written notice of its entry (CPLR Rule 5015(a)(1)). If you were never served with that notice, this one-year period may not have started.
  • Summons not personally delivered to you: you may be allowed to defend within one year after you learn the judgment was entered, but no more than five years after entry, if the court finds you didn't personally receive notice of the summons in time to defend and you have a meritorious defense (CPLR § 317).
  • Lack of jurisdiction (for example, you were never properly served), and fraud or misconduct: Rule 5015(a)(3) and (4) set no one-year limit, but it is wise to act promptly once you know.
  • Whatever the ground, move as soon as you can: collection continues until the court orders otherwise.

Step by step

  1. Get the court file

    Ask the clerk for the file by index number. Read the affidavit of service and the complaint. Note whether the description of the person served matches you, and whether you lived at that address.

  2. Choose your grounds

    Most people rely on one or more of: not properly served (lack of jurisdiction), didn't personally receive the papers in time (§ 317), or a reasonable excuse for missing the deadline (excusable default). Add your defense to the debt itself.

  3. Prepare the papers

    Use the court's free DIY program or ask the help center. You'll usually write a sworn statement explaining what happened, why you didn't answer, and what your defense is, and often attach a proposed answer.

  4. Ask for a stay of collection

    If you bring the motion by order to show cause, you can ask the judge to pause enforcement — such as a bank restraint or garnishment — while the motion is pending (the court may stay proceedings in a proper case, CPLR § 2201).

  5. Serve the papers and go to court

    Follow the judge's instructions for serving the plaintiff's lawyer, and keep proof. Go to the hearing with your evidence.

What happens next

If the judge vacates the judgment, the case is reopened. You'll usually be allowed to file your answer, and the plaintiff must then prove its case. The restraint or garnishment based on that judgment should end, and the court may order restitution of money taken (Rule 5015(d)). The judge may also set terms as may be just.

If the judge denies the motion, the judgment stands. You can still protect exempt money with the exemption claim form, and ask a lawyer about an appeal or a payment arrangement. The parties can also agree in writing to vacate a default judgment, and the clerk can vacate it on that stipulation (Rule 5015(b)).

Frequently asked questions

I just found out about a judgment from years ago. Is it too late?

Not necessarily. If you were never properly served, the court may lack jurisdiction, and Rule 5015(a)(4) has no one-year limit. If the summons wasn't personally delivered to you, CPLR § 317 may also help, but no more than five years after the judgment was entered. Act quickly once you know.

Do I have to prove I don't owe the money?

For an excusable-default motion or under § 317 you need to show a meritorious defense — a real reason the claim could fail, such as that the debt is too old, isn't yours or was paid. If you were never properly served, the lack of jurisdiction is itself the main ground.

Will the money already taken from my account come back?

If the judgment is vacated, the court can order restitution (CPLR Rule 5015(d)). Separately, exempt money can be claimed back with the exemption form whether or not the judgment is vacated.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.