Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for “good cause” shown. Under certain circumstances, the court is required to do so.
As further bad news, default judgments do not simply vanish. The lien of a default judgment lasts five years and may be easily and repeatedly revived and transferred to other counties or states.
For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
To collect your judgment through a bank account attachment, complete the following three steps: Find out the name of the Judgment Debtor's bank, the bank's address, and the Judgment Debtor's account number. Obtain and complete the OTW Garnishment Packet. File the "OTW" Garnishment Packet with the Clerk of Court.
Since judgments no longer appear on your credit report, they do notdirectly impact your credit score. However, financial choices and behaviors that lead to having a judgment on your report may indirectly affect your score. You may have outstanding balances, debts, collections and more.
The statute of limitations on court judgments ranges from three years (Oklahoma) to 21 years (Ohio), with most states somewhere around 10 years.