What Is a Motion to Vacate?
A motion to vacate asks the court to set aside a previously entered judgment. Under Federal Rule of Civil Procedure 60(b), there are six enumerated grounds. Most state courts have equivalent rules. The motion must be filed within a reasonable time, and for grounds (1)-(3), no more than one year after the judgment was entered.
Excusable Neglect (Rule 60(b)(1))
This is the most commonly invoked ground. You must show that your failure to respond was not due to carelessness but to circumstances beyond your control -- serious illness, military deployment, reliance on an attorney who failed to act, or genuine confusion about the legal process. Courts weigh four factors from the Pioneer case: the danger of prejudice to the other party, the length of delay, the reason for the delay, and whether you acted in good faith.
Fraud or Misrepresentation (Rule 60(b)(3))
If the creditor obtained the judgment through fraud -- for example, by filing a false affidavit of service, fabricating the debt amount, or concealing evidence of payment -- the judgment can be vacated. You must prove the fraud by clear and convincing evidence and show that it prevented you from fully presenting your case.
Void Judgment (Rule 60(b)(4))
A judgment is void if the court lacked personal jurisdiction over you or subject matter jurisdiction over the case. The most common scenario: you were never properly served with the lawsuit. A void judgment can be challenged at any time -- there is no deadline. This is often the strongest ground for vacating a default judgment in debt collection cases.
Frequently Asked Questions
How long do I have to file a motion to vacate?
For excusable neglect, fraud, or newly discovered evidence, you must file within one year of the judgment and within a reasonable time. For void judgments (lack of jurisdiction or improper service), there is no time limit. For the catch-all ground under 60(b)(6), you must file within a reasonable time.
Can I vacate a judgment I knew about but ignored?
It is very difficult but not impossible. Simply ignoring a lawsuit you knew about is not excusable neglect. However, if you can show extraordinary circumstances -- such as being told by the creditor that the case was dismissed, or suffering from a mental health crisis -- some courts will grant relief under 60(b)(6).
Do I need a lawyer to file a motion to vacate?
You can file pro se, but the legal standards are technical. Many legal aid organizations help with these motions for free. Some consumer protection attorneys take these cases on contingency, especially if the creditor committed FDCPA violations during collection.
Check your bankruptcy discharge eligibility with our free screening tool.
Free Discharge Screener