What Is a Default Judgment?
A default judgment is entered when you fail to respond to a lawsuit within the required time. The court accepts the plaintiff's allegations as true and enters judgment without your input. Default judgments are common in debt collection -- studies show that 70-90% of debt collection cases end in default.
What Is a Consent Judgment?
A consent judgment (also called a stipulated judgment) is one you agreed to, usually as part of a settlement. You signed a document consenting to the entry of judgment, often in exchange for a reduced amount, a payment plan, or other terms. Because you consented, vacating a consent judgment is much more difficult.
Why the Distinction Matters
Default judgments are much easier to vacate because you never had your day in court. Consent judgments are harder because you voluntarily agreed. However, a consent judgment can still be challenged if: you were coerced or misled into signing, the terms were unconscionable, you did not understand what you were signing, or you signed under duress.
Frequently Asked Questions
I signed something at the courthouse but didn't understand it -- is that a consent judgment?
Possibly. If you can show you did not understand what you were signing -- due to language barriers, lack of legal counsel, or misleading statements -- you may be able to challenge it.
Can I vacate a consent judgment if I can't make the payments?
Generally no. Inability to pay is not a ground for vacating. However, bankruptcy can discharge the underlying debt even with a consent judgment in place.
Which type of judgment is worse for my credit?
Both appear similar on credit reports (though most bureaus stopped reporting civil judgments in 2017-2018). The practical difference is in enforcement -- consent judgments may include immediate garnishment authorizations.
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