A surprising number of default judgments are entered every year in New York State.  It seems that everyone eventually gets one.  It may be that you didn’t pay a bill or you decided not to pay your credit card, or something else happened to you.

Remember to be diligent about finding out whether you have judgments against you.  You can find this out through a credit report, or by investigating the records of the County Clerk. 

Waiting more than five years to vacate a default, virtually guarantees that you will be stuck with this judgment.  It is best to attempt to vacate the default within one year after it was entered in the Court.

It is almost always best to hire legal representation to vacate the default.  You can try to do so by going to court yourself and filling out an order to show cause and returning on that date to the court.  However, an attorney will know best how to vacate the judgment.

If you try to do it yourself, you will likely screw up the process.  Either you will somehow, inadvertently, admit that you owe the debt and be forced to pay it, or the judge will look you in the eye and ask whether this is your debt and you, solid citizen as you are, will admit to owing it.  You will then be forced to enter into a payment / settlement arrangement with your creditor.