How to vacate a judgment in a collection lawsuit

What Is a Judgment?

A judgment is a court order stating you legally owe a creditor or debt collector money. Most collection judgments happen by default. This means you didn’t serve an answer or appear in time. Once entered, a judgment can:

  • Garnish your wages (often up to 25% of take-home pay)

  • Freeze or seize bank funds

  • Place liens on your home or other real estate

In Minnesota, judgments typically last 10 years and can be renewed every 10 years. Interest and fees are added to the judgment balance over time.


Why Judgments Matter

Judgments give collectors powerful tools to reach your paycheck and bank account. They also appear in public records, making it harder to borrow, refinance, or buy property. Acting fast expands your options.


Can a Judgment Be Vacated (Undone)?

Sometimes, yes. A successful motion to vacate wipes out the judgment and re-opens the case so you can defend it. In Minnesota, courts generally require four things:

  1. A legitimate defense to the lawsuit
    You don’t have to prove you’ll win—only that your defense is real. Examples: the debt buyer can’t prove it owns your account, the evidence is incomplete/unreliable, the statute of limitations expired, or the balance is inflated.

  2. A good reason you didn’t respond
    Examples: you were out of town when served, papers went to someone else in your household and never reached you, or you never received proper notice. (Simply saying “I didn’t know I had to respond” usually isn’t enough.)

  3. You acted quickly
    Courts generally expect you to file within one year of entry of judgment. If you truly didn’t know about the judgment until later, you may have more time, but the sooner you move, the better.

  4. No unfair prejudice to the creditor
    Minnesota courts have said that extra time and expense for the collector isn’t enough by itself to block vacating.

One important thing to know: vacating the judgment doesn’t make the debt go away. It just takes you back to the beginning of the case, although you will have a chance to assert any defenses you have or, possibly, negotiate a settlement from a position of more strengthy.


Improper Service: A Different Path

If you were never properly served, the judgment may be void from the start. In Minnesota, a lawsuit begins with valid service. No service → no valid lawsuit → no valid judgment.


How We Help

We represent Minnesotans facing judgments and garnishments. We offer flat-fee options in many cases (e.g., ~$1,000 settlement-only; ~$3,500 full defense) so costs are predictable.

One thing to keep in mind is cost-benefit. For example, hiring us for $3,500 to vacate of $5,000 judgment probably doesn’t make a lot of sense. For this reason, many clients choose to settle the judgment rather than vacate it.


FAQs: Vacating a Judgment in Minnesota

How long do I have to vacate a judgment in Minnesota? Generally one year from entry of judgment. If you didn’t know about the judgment until later, you may have more time—but act quickly.

What are common defenses to a debt collection lawsuit? Debt buyer can’t prove it owns the account; evidence is incomplete or unreliable; statute of limitations has run; balance is inflated. You only need to show a legitimate defense at the vacate stage.

What if I never got the lawsuit papers? If you weren’t properly served, the judgment may be void. In Minnesota, valid service is required to start a lawsuit.

Will vacating a judgment stop garnishment? Yes, if the judgment is vacated, the creditor loses the right to garnish or levy while the case proceeds, giving you a chance to defend or negotiate.


Next Steps

If you have a judgment (or a new garnishment notice), move fast. Gather your court papers, garnishment notices, and bank statements and talk with a Minnesota debt-defense lawyer.

 

In Minnesota and ready to talk to a lawyer about a judgment?
Schedule a consult with debt defense lawyer Todd Murray.

Since 2009, Todd has helped hundreds of Minnesotans get out of debt. His work has saved his clients millions of dollars (and many sleepless nights) in the process. Todd’s clients have described him as “very professional and easy to work with.” He lives in Minneapolis with his wife and four children.