What Are Some Reasons to Vacate a Judgment?


Quick Answer

The most common reason for a judge to vacate a default judgement against an individual is on the basis of excusable default, according to the New York State Unified Court System. The other basis upon which judges commonly vacate default judgements is a lack of personal jurisdiction or bad service.

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Full Answer

A successful petition for vacation of a default judgement on the basis of an excusable default has two parts: a good reason for missing the original court hearing and a reasonable argument for why the plaintiff should not win on the merits of the case, explains the New York State Unified Court System. Commonly accepted reasons for missing the court date include illness, transportation problems or incarceration. To vacate a judgement on the basis of bad service, the individual must only prove that he received the papers stating the case in an improper manner.

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