Default judgment on a debt in North Dakota: what to do

Get a copy of the case file from the court clerk: the complaint, the proof of service, the default and the judgment, with the date it was entered.

Why: The dates and the proof of service decide which deadline applies and whether you were properly served.

If the judgment was entered in the last few weeks, contact legal aid or a consumer lawyer today and ask about filing a motion to set it aside right away.

Why: The shortest limits run from the date of the judgment. Some states also allow a motion for a new trial or an appeal, but only in the first days or weeks.

If you don't know when the judgment was entered, ask the clerk for the date of entry and whether a notice of it was mailed to you.

Why: Many limits count from the date of entry or from the day you were served with notice of the judgment.

If you never got the papers, read the proof of service: who served them, when, how and at what address.

Why: A judgment entered without proper service can often be set aside, and many states give more time to ask when you were never properly served.

File a motion to set aside (vacate) the default judgment with the court that entered it. Use the court's form if it has one, and attach your proposed answer if your state requires it.

Why: The judge needs a legal reason, such as improper service, a mistake or excusable neglect, and usually a defense to the debt.

In the motion, explain why you didn't answer and what your defense is: not your debt, wrong amount, already paid, too old to sue, or the plaintiff can't prove it owns the debt.

Why: Courts usually want both a good reason for the default and a real defense to the claim.

Ask the clerk whether you must set a hearing date and send a copy of the motion to the plaintiff's lawyer.

Why: A motion usually isn't decided until it is set for a hearing and the other side gets a copy.

If money is being taken, also file a claim of exemption by the deadline on the garnishment or levy notice.

Why: A motion to set aside can take weeks. The exemption claim protects money the law shields, such as part of your wages and federal benefits, while you wait.

If you were on active military duty, tell the court and ask it to reopen the judgment under the Servicemembers Civil Relief Act. Your base legal (JAG) office can help.

Why: Federal law lets the court reopen a default judgment entered during service or within 60 days after it, if your service affected your defense and you have a defense. You must apply within 90 days after leaving service.

Go to the hearing with your documents. If the judge sets the judgment aside, file your answer by the date the court gives you.

Why: Setting aside the default reopens the case. You still have to defend it.

If the judgment stays, learn what is protected: read your state's rules below and the wage garnishment and bank levy plans.

Why: State and federal law protect part of your wages and some money, but you often have to claim it in time.

If a debt collector sued you far from where you live or signed the contract, or on a debt too old to sue on, you can complain to the CFPB and ask a consumer lawyer about the federal debt collection law.

Why: A debt collector must sue where you signed the contract or where you live, and must not sue on a time-barred debt. You can sue a collector that broke this law within 1 year.

If the judgment can't be set aside and you can't pay it all, you can ask the creditor's lawyer for a payment plan or settlement in writing, or ask legal aid about bankruptcy.

Why: Some creditors agree to a plan; get it in writing. A bankruptcy filing stops most collection while the case is open.