Need to Vacate a Default Judgment? Include Good "Excuses" for Not Defending

Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue.

New York law (CPLR § 5015) allows you to file a motion to vacate a judgment. This means you can ask the court to set aside the judgment and give you another chance to defend yourself. When you seek relief based on excusable default, you must also show a meritorious defense; that showing is generally unnecessary when the motion is based on lack of personal jurisdiction. Excusable default, under CPLR § 5015(a)(1), refers to a reasonable justification—such as a documented medical emergency—for failing to appear or answer.

Present only fact‑supported statutory grounds for failing to appear, and ensure they are consistent and credible. I would further recommend that you describe in detail all defenses you may have to the case, referred to as "meritorious" since they're supposed to have "merit." 

What's Your Excuse? Potential "Excuses," or Reasons, to Vacate a Judgment:

1. Absent from the area, state, or country, unable to attend court.
2. The court may lack personal jurisdiction only if you were never properly served or lack sufficient contacts with New York, regardless of where you now live..
3. Received poor legal representation affecting case outcome.
4. Routine work obligations are generally not enough; only extraordinary, unavoidable work emergencies with proof might qualify.
5. Sudden business crises clashed with court dates.
6. Court clerical errors led to missed appearances.
7. Court notices were not received as required.
8. Important legal documents for the case were misplaced.
9. The opposing party's deceit affected case fairness.
10. Coercion or threats prevented court attendance.
11. Death, illness, or disability caused absence from court.
12. Unreported address change resulted in missed court communications.
13. Incarceration made court attendance impossible.
14. Fraudulent actions by others impacted the case.
15. Language issues. If you were denied a required interpreter or could not understand the proceedings despite requesting language assistance, you may raise a due-process violation.
16. Unfamiliarity with legal procedures led to non-compliance. But courts seldom excuse a default merely because a party is unfamiliar with procedure; instead, document any specific misleading directions or contradictory court notices that caused the default.
17. Severe weather conditions prevent travel.
18. Transportation issues, such as vehicle breakdowns or public transit disruptions.
19. Dependent care emergencies, including childcare or eldercare crises.
20. Mental health crises that impair the ability to participate in legal proceedings.
21. Active military duty or sudden deployment.
22. If the appearance was remote, document the specific technical failure and your immediate efforts to contact the court.
23. Conflicting civic responsibilities, such as jury duty in another case.
24. Cultural observances and religious holidays that coincide with court dates.
25. Educational commitments, like mandatory class attendance or exams. Only extraordinary, immovable academic obligations—supported by documentation—might qualify as a reasonable excuse.
26. Mandatory public health restrictions, including quarantine or isolation orders.

The judge has discretion whether to honor or reject your offered excuses. Using any of the above is no guarantee that you'll succeed. Other factors will be considered in your case (for example, time delay, opportunity to defend, strength of defenses, and credibility).

Using plenty of facts to support your legal position, you would be wise to mount an aggressive challenge. We would be delighted to discuss your case with you. Feel free to complete a short intake form.

Five Key Grounds for Vacating a Judgment under CPLR § 5015

1. Excusable Default: Per NY CPLR 5015(a)(1), you can contend that the default occurred due to excusable neglect, meaning you had a justifiable reason for failing to meet the deadline or appear. This requires demonstrating a meritorious defense of the action as well. The excuse must be reasonable under the circumstances, like an unanticipated illness or accident.
2. Lack of Jurisdiction: Under NY CPLR 5015(a)(4), you can argue that the court lacked personal jurisdiction over you, which could happen if you were improperly served with the summons and complaint, for instance.
3. Newly Discovered Evidence: NY CPLR 5015(a)(2) allows you to assert that new evidence has come to light since the judgment was entered which would likely alter the outcome and couldn't have been discovered in time to request a new trial.
4. Fraud, Misrepresentation, or Misconduct: Pursuant to NY CPLR 5015(a)(3), you can claim the judgment was obtained through fraud, misrepresentation, or other misconduct by the opposing party, such as deliberately lying about a crucial fact.
5. Reversal, Modification or Vacatur of a Prior Judgment or Order: Under NY CPLR 5015(a)(5), you can contend that a prior judgment or order upon which the current judgment is based has been reversed, vacated, or otherwise modified.

16 Examples of Defenses to Challenge a Default Judgment Under CPLR 5015

1. Complete or Partial Payment: The debt has been entirely or partly paid off, which can be demonstrated through evidence like receipts or financial records.
2. Time-Barred Debt: The creditor has exceeded the legal time frame for initiating a debt collection lawsuit, making the action invalid and unenforceable. See statute of limitations.
3. Unresolved Dispute: An ongoing disagreement about the debt or contract terms calls into question the legitimacy of the claim.
4. Incorrect Service Address: The lawsuit was filed using the wrong contact information, potentially breaching procedural requirements or due process rights.
5. Inaccurate Claim Amount: The sum being demanded is incorrect, and records can show the true amount owed is lower or zero.
6. Fraudulent Use of Identity: The debt resulted from someone else fraudulently using the defendant's identity, not from the defendant's actions.
7. Mistaken Identity: The defendant is mistakenly named as the debtor when the actual debtor is a different person.
8. Unapproved Modifications: Alterations to the account or agreement were made without the defendant's awareness or approval, impacting the debt's enforceability.
9. Abrupt Account Termination: The creditor or financial institution unexpectedly closed the account without adequate notice or reason.
10. Insufficient Dispute Investigation: The creditor failed to properly consider or respond to the defendant's disputes concerning the debt.
11. Absence of Legal Standing: The plaintiff lacks a valid legal basis to bring the lawsuit due to the absence of a legitimate agreement or relationship with the defendant.
12. Improper or Harassing Collection Tactics: The creditor used strategies that contravene fair debt collection regulations, potentially invalidating the legal action.
13. Deceptive Actions by Known Individual or Third Party: The debt arose from fraudulent behavior, including forgery, committed by someone familiar to the defendant or an external party without the defendant's agreement.
14. Dishonesty by Creditor or Legal Representative: The creditor or their lawyer engaged in misleading conduct connected to the debt or legal proceedings.
15. Minor Party Without Legal "Capacity" to Enter Contract: The defendant was a minor and thus legally incapable of agreeing to the contract that created the debt, rendering it voidable.
16. Unrecognized Debt or Previously Settled Obligations: The defendant contests the validity of the debt, indicating that all debts have been previously resolved.

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Stipulation-Based Vacatur Under CPLR 5015(b): Verify Local Practice Before Relying on Clerk Action

Facing a default judgment from a debt collector? Two game-changing New York appellate decisions - Toos and Rodriguez - have established that a properly executed stipulation, once filed with the court, can suffice to vacate the judgment, potentially avoiding a separate motion—subject to the court’s local practice. In Toos, the court explicitly held that a simple stipulation between attorneys under CPLR 2104 is independently binding and enforceable, bypassing the usual requirements of showing excusable default or meritorious defenses under CPLR 5015. The Rodriguez decision further strengthens your position by preventing collectors from imposing artificial deadlines on these agreements. For consumers negotiating with debt collectors, this means you can potentially avoid the cost and complexity of preparing motion papers. A clear stipulation can be an efficient path to vacatur, but the clerk or judge must accept it and may refuse if the language is unclear or circumstances raise concerns.  CPLR 5015(b) a clerk may vacate a default judgment upon a filed stipulation, but confirm your court’s local practice—some judges still require a brief motion or order before the judgment is vacated.

• Toos v Leggiadro Intl., Inc., 114 AD3d 559, 980 NYS2d 448 (1st Dept 2014) (reversing denial of motion to vacate default where attorneys had stipulated to vacate under CPLR 2104; holding that CPLR § 5015(b) applies to default judgments entered under CPLR 3215 and permits the clerk to vacate a judgment upon a filed stipulation by the parties. A stipulation between counsel was independently binding and enforceable absent fraud or mistake, particularly given reasonable excuse of lack of notice and strong public policy favoring resolution on merits). Rodriguez v Booth Mem. Med. Ctr., 14 AD3d 688, 789 NYS2d 235 (2d Dept 2005) (enforcing stipulation to restore case to calendar where agreement was clear and unambiguous; holding that when stipulation contains no temporal deadline or other conditions for restoration, court must enforce it according to its terms without resort to extrinsic evidence; rejecting argument that restoration needed to occur by specific date since stipulation contained no such limitation).