New York Motion to Vacate Judgment: A Guide to Challenging Judgments

• Excusable Default: The judgment was entered against a party who failed to appear or respond to the lawsuit due to a reasonable excuse, and the party has a valid defense. This is one of the most common grounds, especially in cases where a defendant was unaware of the lawsuit or faced an unavoidable circumstance, such as a medical emergency.
• Newly Discovered Evidence: New evidence has been discovered since the judgment that could not have been found earlier with due diligence. This new evidence must be significant enough to potentially change the outcome, and it is the moving party's burden to prove they exercised due diligence to find the evidence earlier.
• Misconduct, Fraud, or Duress: The judgment was obtained through the misconduct or fraud of an adverse party, such as concealing information or misrepresenting facts. This ground addresses situations where the integrity of the judicial process has been compromised by the other party's malicious actions.
• Lack of Jurisdiction: The court that issued the judgment did not have proper jurisdiction over the defendant or the subject matter of the lawsuit, making the judgment void. A judgment rendered by a court without proper jurisdiction is considered a legal nullity, and the motion to vacate is the appropriate way to challenge it.
• Reversal or Modification of Prior Order: A prior judgment or order upon which the current judgment was based has been reversed, vacated, or modified, making the original judgment unjust. This ground ensures that a judgment doesn't stand on a foundation that has since been legally overturned.

The procedure for filing a motion to vacate is critical to its success. A judgment debtor must follow these steps precisely to ensure the court will consider their request. Failure to complete any of these steps accurately can lead to the dismissal of the motion, forcing the judgment debtor to explore other, often more difficult, legal options.

• Evidence Collection: The first and most vital step is to gather all evidence supporting the grounds for the motion. This includes affidavits from witnesses, documents, and any other relevant proof.
• Drafting the Motion: The judgment debtor must draft a formal motion to vacate, which includes a notice of motion, a supporting affidavit detailing the facts, and a memorandum of law citing relevant statutes and case law.
• Filing with the Court: The motion and supporting documents must be filed with the court that issued the original judgment, along with the required filing fees.
• Service of Process: A copy of the motion must be properly served on the judgment creditor and all other parties to the original case, following the strict rules of service outlined in the CPLR.
• Opposition and Reply: The judgment creditor has an opportunity to submit an opposition to the motion, to which the judgment debtor can then file a reply addressing the points raised in the opposition.
• Hearing and Decision: The court will schedule a hearing where the parties can argue their positions before the court issues a decision. This hearing is a chance for each side to present their case directly to the judge.

When faced with an unfair or invalid judgment, the judgment debtor must act swiftly. The window for filing a motion to vacate can be short, and delaying action could lead to a permanent loss of rights. A key consideration is whether to file a separate motion to stay enforcement of the judgment while the motion to vacate is pending. This is a crucial step to protect assets and income from collection efforts while the legal challenge proceeds, as the judgment creditor can begin enforcement actions immediately after a judgment is entered.

Here are some key strategies for both parties involved:

• For Judgment Debtors: Thoroughly evaluate legal grounds, gather all supporting evidence, and consider a separate motion for a stay of enforcement to prevent collection efforts. Acting quickly and strategically is paramount to success.
• For Judgment Creditors: Promptly respond to the motion, verify the debtor's allegations, and present documentary evidence to refute any false claims. The goal is to demonstrate the validity of the original judgment and ensure it remains enforceable. This includes showing that all procedural requirements were met and that the debtor's claims lack merit.