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Court Judgment Issues: When the Motion to Vacate is Not Granted


Debt is at an all-time high for consumer in the US. This may come as little surprise—and especially if you feel like your own personal debt has reached a similar, and not so pleasant, pinnacle. Recent news reported that cumulative household debt has surpassed the excesses even of 2007, hovering at around $13.1 trillion. Credit card debt and auto debt continue to increase, but lenders continue to extend while the economy is good.

If you’ve experienced a major setback, however, it may be hard to relate to the idea of a good economy—and like so many others, you may wonder how you will ever get back on track. Illness is one of the leading causes for severe financial duress, made doubly challenging when you are not feeling well but must still address the reality of expenses, as well as debt that continues to pile up whether there is an income to pay it or not. Other events like a serious accident, unemployment, or divorce may cause overwhelming money issues as well, meaning bills for items like credit cards may quickly become delinquent.

Although you may feel like your financial life has hit one low after another—the bad news is that it can get even worse with the arrival of a collections lawsuit—and the potential for a judgment granted against you. As soon as you find out that you are being sued, contact an experienced law firm like Fitzgerald & Campbell, APLC for help in filing a response and discussing a defense, or perhaps the possibility of a settlement with the creditor/debt collection agency.

Without a response to the collections lawsuit, the judgment against you will probably be almost automatic in court. Your attorney may suggest filing a motion to vacate to have the judgment reversed, but most judges require a valid excuse for the lack of response to the collections lawsuit. Without that, it may not be allowed, and your attorney cannot go forth to fight the original lawsuit. You may worry about consequences such as wage garnishment, property seizure, and levying of bank accounts, but there is still a good chance that your attorney can negotiate a discounted settlement with the creditor. Even if you can’t pay a large lump sum to end the ordeal quickly, it may be possible to agree on monthly installments to be paid until the debt is satisfied.

If you are concerned about impending creditor lawsuits or fighting a default judgment, consult with an experienced law firm like Fitzgerald & Campbell, APLC as soon as possible. A solution can be found to help you through any of these issues, even if a judgment has already been granted.

Speak with an attorney from Fitzgerald & Campbell, APLC as soon as possible to examine your options. Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include student loan issues, bankruptcy, and other debt management processes. We are here to help! Click here to schedule a free 30-minute consultation, call us at (844) 431-3851, or email us at

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