A judgment has been filed against you by a creditor in Small Claims Court because you did not appear to either confirm or contest the debt you owe. If you did not appear at the hearing and you owe someone money, this is the only recourse they have in collecting the debt.

A judgment can only be vacated by a judge, even if the debt has been paid or information filed is incorrect. A judge is the only one with the power to do so. No new appeal can be filed until a judgment is vacated.

One of the steps you have to take is file a “Notice of Motion To Vacate Judgment” which is found at your local small claims court office. The clerk will time stamp, set the date and file your motion for a nominal fee which differs from state to state. You will then be able to face your accuser in court.

If you were not aware a Notice of Judgment was filed against you, the law states you have 180 days in which to file an appeal called a Notice of Motion To Vacate Judgment. A judge will consider circumstances if you have not been served with the claim correctly or have not received a copy of the claim.

Bring all your evidence or proof you need to win. When explaining your case to the judge be prepared and explain why you weren’t aware of the court date and why you didn’t appear. However, it is up to the judge to decide if your proof is acceptable.

If you are not able to produce or are not ready to appear, you may ask the court for a continuance or postponement. Again, this is entirely up to the judge to grant your request. If the judge does not vacate the judgment, you may appeal his denial of the Motion To Vacate Judgment. You have 10 days in which to file your claim. You cannot appeal the original judgment against you, only the denial of your wanting a new trial date.

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