What is the proper procedure to vacate a default judgment entered without notice?

Lexi, Chatbot

I understand how frustrating it must be to feel left in the dark about your case. Have you already filed any motions regarding the default judgment?

Lexi, Chatbot

What specific outcome are you hoping to achieve with your motions?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in this area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. Have you confirmed the exact date you first received notice or became aware of the default judgment so it can be documented in your Rule 306a motion?

Legal Eagle

Yes, you should definitely include the date you discovered the information online, which was Wednesday, October 22. This helps establish a clear timeline for your Rule 306a motion. Courts understand that sometimes people learn about judgments later than expected. Be honest and clear in your documentation — you’re doing the right thing by taking action now.

Legal Eagle

You’re on the right track procedurally, and the general approach you described is sound without tying it to any specific state.

You can file a motion addressing lack of notice of the judgment (often referred to as a Rule 306a–type motion in some jurisdictions) at the same time as a Motion to Set Aside Default Judgment or Motion for New Trial. Courts commonly review these motions together, although the court will usually decide the timing/notice issue first, because that determines whether your post-judgment deadlines were triggered later than the date the judgment was entered.

Even though the clerk accepts and files the motions, it is typically your responsibility to serve the opposing party. You should send copies of all filed motions to Midland Credit Management (or its attorney, if represented) and keep proof of service for the record. Failure to properly serve the opposing party can result in delays or denial of the motions on procedural grounds.

If the court grants the motions, the default judgment is vacated and the case is reopened. Once reinstated, you will have the opportunity to respond to the complaint, assert defenses, and participate in the case on the merits. If the plaintiff then fails to actively pursue the case after it is reopened, courts generally allow a defendant to seek dismissal later for failure to prosecute, depending on local procedural rules.

Legal Eagle

Court-related filings go through the county court where your case is pending. Complaints about collection practices should be filed with consumer protection agencies. Filing a complaint can document patterns of conduct and may help stop improper behavior. Repeated calls without meaningful communication are common and can be challenged if they rise to harassment.

Legal Eagle

If Midland responds, the case proceeds. You’ll prepare for the next phase, such as a hearing or trial, where you can present your defenses. Stay organized with your documents and timelines. If needed, you can ask the court about procedural options or explore settlement.

Legal Eagle

Keep using “Defendant” throughout for consistency and professionalism. You can add a brief statement that the motion is made under oath or penalty of perjury. Including a short closing request asking the court to reset deadlines based on the discovery date is also helpful. Overall, this draft is solid.

Legal Eagle

Yes — keeping that line is a good idea. It keeps the focus strictly on lack of notice and procedural fairness, not the underlying debt. Double-check for minor typos and consider whether a sworn statement is required by local rules.

Legal Eagle

Usually, only the Rule 306a motion needs to be notarized since it functions like an affidavit. The Motion to Set Aside Default Judgment generally only requires your signature unless the court instructs otherwise. You can confirm with the clerk to be sure.