A Longer Deadline If a Debt Buyer Sued You

A debt buyer is a company that purchased your charged-off debt from the original creditor, and many California collection lawsuits are filed by them. If a debt buyer took a default judgment against you and the summons never gave you actual notice in time to defend, California Civil Code §1788.61 gives you a longer window than the general rule. You can move to set the judgment aside within the earlier of six years after it was entered or 180 days after you first learned of the case.

In cases of identity theft or mistaken identity, the six-year limit does not apply and the 180-day period runs from your first actual notice. This relief covers default judgments entered on or after January 1, 2010. Because the right deadline turns on who sued you and when you found out, having an attorney confirm which rule applies can be the difference between keeping and losing your chance to fight back.

Can You Fight a Renewed or Old Judgment?

Yes, and an old judgment is not always as final as it looks. A California money judgment is enforceable for ten years from the date it was entered, and it stops being enforceable after that unless the creditor renews it. To keep collecting, the creditor must renew the judgment and serve you with a notice of renewal. That notice matters, because once you are served, you have only 60 days to file a motion to vacate or modify the renewal.

You can challenge a renewal on any ground that would be a defense to the judgment, including that the amount is wrong or that the underlying judgment was never valid. If the deadline to renew passes without a proper renewal, the judgment expires and can no longer be enforced. If you have received a notice of renewal, do not wait, because that 60-day window is short.

Legal Grounds to Set Aside a Default Judgment

Courts do not cancel judgments just because a debtor asks. You need a recognized legal reason, and its strength often decides the outcome:

• Mistake, inadvertence, surprise, or excusable neglect, such as a missed deadline caused by a reasonable misunderstanding or reliance on someone else.
• Improper service or lack of actual notice, including so-called sewer service, where papers were never delivered to you as the law requires.
• A void judgment, where the court lacked authority over you because service or another basic requirement was never satisfied.

Our attorneys review the court file and the proof of service to identify the ground that fits your case and prepare the declaration the court expects.

What Happens After a Judgment Is Set Aside

Setting aside a default judgment does not erase the debt or mean you win, but it reopens the case and lets you file an answer and defend yourself. Many collection lawsuits are brought by junk-debt buyers who bought old accounts for pennies and may lack the documents needed to prove you owe anything.

Once the case is active again, you can dispute the amount, demand proof that the collector owns the debt, and assert your rights under California debt collection law. If the debt is too old, California law bars a lawsuit to collect it after the limitations period runs, which for most written contracts and open accounts is four years. If you are still weighing whether to respond, review your options when you are sued before any deadline passes.

Talk With a California Debt Defense Attorney

If a default judgment has been entered against you, time is not on your side. The sooner you call, the more we can do to set it aside and stop enforcement. Call The Fullman Firm for a free, no-obligation consultation, or reach out to our office online. Prior results do not guarantee a similar outcome, but you do not have to face a collector alone.

Frequently Asked Questions

How long do I have to vacate a default judgment in California?

It depends on the reason. If the judgment resulted from your mistake, inadvertence, surprise, or excusable neglect, you generally must ask the court within a reasonable time and no later than six months after the default was entered. If you never received actual notice of the lawsuit, you may have until the earlier of two years after entry or 180 days after written notice that it was entered. If a debt buyer sued you, a separate law may give you a longer window, up to the earlier of six years after the judgment or 180 days after you first learned of it. Acting early protects your options.

Can I stop a wage garnishment or bank levy by setting aside the judgment?

Often, yes. A garnishment or levy is enforcement of a judgment, so setting the judgment aside removes the legal basis for that collection. Our attorneys can also ask the court to pause collection while it considers your motion.

What if I never received the lawsuit papers?

If you were not properly served, or service never reached you in time to defend the case, you may have strong grounds to set aside the judgment. California law provides specific relief when service did not result in actual notice, and a judgment entered without valid service can be challenged as void.