After a default judgment is made, is there any way to reverse it or any other way out of my situation?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

After a default judgment is made, is there any way to reverse it or any other way out of my situation?

I ran into a person crossing the street at a crosswalk while driving. The person fell back and hit there head and an ambulance was dispatched and she was taken to the hospital. I received a ticket and went to court and was charged with failure to yield. About a year later, I started receiving letters in the mail from my insurance company regarding a balance from an attorney’s office representing them, that I owe. After getting these letters for about 6 months, I finally call them an find out I am being sued by my insurance company. They paid this person off and are trying to sue me for $21,000. My vehicle was in my wives name and she was also had the insurance in her name. I found out later, I was on the policy, but was listed as an excluded driver in the household. I received a summons to go to court right around Christmas time last year and did not have any money to afford a lawyer, so I did not show up to court. A default judgment was set against me in the amount of 21,969. I cannot afford to pay this and am trying to avoid my checks being garnished for years. Is there any solution to my problem after a default judgment has been made against me?

Asked on February 14, 2017 under Accident Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a motion to set aside the default, but you will need very strong reasons to persuade a judge to set aside the default.
If the default is set aside, the case will then be back on track and litigation will continue.
Another alternative would be to file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption