What Is a Meritorious Defense?
When you move to vacate a default judgment, most courts require you to show a meritorious defense -- a plausible reason you could win if the case were tried on the merits. This does not mean you must prove you will win. You only need to show that your defense is not frivolous and that if proven, it would change the outcome. The bar is relatively low.
Common Meritorious Defenses in Debt Cases
The most effective defenses include: the statute of limitations has expired, the debt was already paid, you are not the debtor (wrong person or identity theft), the amount claimed is wrong, the debt was already discharged in bankruptcy, the creditor violated the FDCPA, or the debt buyer cannot prove the chain of title.
How to Present Your Defense
Include a proposed answer with your motion to vacate. In the answer, assert each defense as an affirmative defense or denial. In your supporting declaration, explain the factual basis for each defense. Attach any supporting documents -- payment receipts, bankruptcy discharge order, identity theft report, or evidence showing the statute of limitations has run.
Frequently Asked Questions
What if I actually owe the debt but was never served?
You can still vacate the judgment. The meritorious defense requirement is separate from the grounds for vacating. Even if you owe the full amount, improper service makes the judgment void. Once vacated, the creditor must re-serve you properly.
Is "I can't afford to pay" a meritorious defense?
No. Inability to pay is not a legal defense. However, other defenses may apply that you have not considered. If you truly have no defenses, Chapter 7 bankruptcy may be a better option.
Do I need evidence at this stage or just allegations?
At the motion stage, you need more than bare allegations but less than trial-level proof. A declaration under penalty of perjury plus supporting documents is usually sufficient.
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