The Key Difference
An appeal challenges legal errors made by the court during proceedings. A motion to vacate challenges the judgment itself based on external factors (improper service, excusable neglect, fraud). If you never appeared and a default judgment was entered, you almost always want a motion to vacate, not an appeal.
When to Appeal
Appeals are appropriate when: the court denied your motion to vacate (appeal that denial), the court made a legal error during trial, or the evidence was insufficient. Appeals must be filed within strict deadlines -- typically 30 days. Missing this deadline is usually fatal.
When to File a Motion to Vacate
Motions to vacate are appropriate when: you were never served, you had excusable neglect, the judgment was obtained by fraud, or the court lacked jurisdiction. The motion is filed in the same court. Deadlines are generally more flexible than appeal deadlines.
Can You Do Both?
Yes, but be strategic. If you file an appeal, the trial court may lose jurisdiction to consider a motion to vacate (in some jurisdictions). The safer approach is usually to file the motion to vacate first. If denied, then appeal the denial.
Frequently Asked Questions
I missed the appeal deadline -- can I still file a motion to vacate?
Often yes. Motion to vacate deadlines are separate. Under Rule 60(b), you can file up to one year for most grounds, and there is no time limit for void judgments.
Is a motion to vacate cheaper than an appeal?
Usually yes. An appeal involves transcripts, briefs, and higher fees, taking 6-18 months. A motion to vacate can be resolved in 30-90 days in the same court.
What court do I file in?
A motion to vacate goes to the same court that entered the judgment. An appeal goes to the next higher court (appellate court).
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