How long do I have to file?

It depends on the ground. Federal Rule 60(b)(1)-(3) (mistake, fraud, newly discovered evidence) caps the motion at one year from entry of judgment. Rule 60(b)(4) (void judgment) and Rule 60(b)(6) (other reasons) require only that the motion be filed within a reasonable time. Most state rules track this. If you are arguing improper service or void judgment, you may have years; if you are arguing excusable neglect, you may have weeks. Move fast.

What if I was never served?

Improper service is one of the strongest grounds. A judgment entered without proper service is typically void for lack of personal jurisdiction — meaning it can be challenged at any time, even after the 1-year cap. Document everything: where you actually lived on the date of service, who else lived there, whether the process server lied or made a mistake (sewer service is a documented industry problem with debt-buyer plaintiffs).

What is a "meritorious defense"?

Most courts require a showing that, if the default were vacated, you would have a real defense to the claim. Common debt-defense examples: the statute of limitations has expired (look up your state's SOL — 3-6 years for most consumer debts), the plaintiff lacks standing (the chain of title from original creditor → debt buyer is broken), you do not owe this debt, the alleged debt was discharged in your bankruptcy, the amount sought is wrong, FDCPA / FCRA violations.

Will the court set it aside?

Federal and state courts have a strong policy in favor of resolving cases on the merits, especially when the movant acted promptly after learning of the default. The classic four-factor test (used by many courts) weighs: (1) whether the default was willful, (2) whether setting aside would prejudice the opposing party, (3) whether a meritorious defense is presented, and (4) whether the movant acted in good faith. Pro se debtors who move quickly and document improper service typically get the default set aside.

What happens to the garnishment / wage withholding?

It does not stop automatically. You must affirmatively ask the court to quash the writ when you file the motion (the wizard offers this). Some courts will issue a stay pending the hearing; others won't until the motion is granted. If wages are already being seized, ask for the court to order them returned as part of the relief.

What if the motion is denied?

Most jurisdictions allow an interlocutory appeal of a set-aside denial, though the deadline is short (often 30 days) and the standard of review is abuse of discretion (which is hard to overcome). At that point a consumer-rights attorney is worth consulting — many take FDCPA / FCRA appeals on contingency because the underlying federal statutes shift attorney fees.

Debt collection overview

Set aside default

Reopen the case.

A default judgment entered without proper service is typically void for lack of personal jurisdiction. Default entered because of mistake, fraud, or newly discovered evidence may be vacated under FRCP 60(b) or the state equivalent (URCP 60(b), CCP § 473(b), etc.). The wizard builds a court-ready Motion to Set Aside Default Judgment — free.

1You
2Court + judgment
3Grounds
4Defense + relief
5Review

Your full name *

Street address *

City, State, ZIP *

Phone (optional)

Email (optional)

Run in parallel

Garnishment objection — free

If wages are being garnished while you fight the default, file the objection immediately to stop the bleeding. The set-aside motion attacks the underlying judgment; the objection stops the writ.

Open objection wizard

Hearing-prep kit

Case Pass — $149

Hearing-prep packet (declaration of facts, exhibit list, evidence binder), Answer to the underlying complaint if the motion is granted, follow-up correspondence with creditor, and deadline tracking — for one matter, 12 months.

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