Federal vs. State Deadlines
Federal Rule 60(b) allows motions within a reasonable time, with a one-year outer limit for grounds (1)-(3). State rules vary significantly. Some states like California have specific statutes (CCP 473) with six-month deadlines. Others follow the federal model closely. The deadline that matters is the one in the court where the judgment was entered -- not where you live now.
States with Short Deadlines
Several states impose tight deadlines: New York requires a motion within one year for excusable default (CPLR 5015(a)(1)). California gives six months for attorney mistake under CCP 473(b). Texas allows motions to set aside default under Rule 329b within 30 days of judgment (or within the court's plenary power period). Florida Rule 1.540(b) mirrors the federal one-year limit. Always check your specific state.
The Void Judgment Exception
In virtually every state, a void judgment can be challenged at any time. This is critical for debt collection cases where service was defective. If you were never properly served, the court never obtained personal jurisdiction, and the judgment is void ab initio. There is no statute of limitations on challenging a void judgment in any U.S. jurisdiction. Learn more about improper service challenges.
Frequently Asked Questions
What if I missed my state's deadline?
If you missed the deadline for excusable neglect or fraud, check whether the judgment is void due to improper service (no deadline). Consider an independent action in equity. Or explore bankruptcy -- a discharge injunction permanently bars collection of the underlying debt regardless of the judgment.
Does the deadline start from the judgment date or when I found out?
For most grounds, the deadline runs from the date of judgment entry, not when you discovered it. However, for fraud, the clock typically starts when you discovered or should have discovered the fraud. For void judgments, there is no deadline at all.
Can a debt collector enforce an old default judgment?
Yes, judgments can be renewed in most states (typically every 10-20 years). However, the statute of limitations on collecting may limit enforcement actions. If the judgment is old and you were never properly served, you still have the right to challenge it as void.
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