If a default judgment has been ordered against you in a civil case in Nevada, you do have the right to contest it. These judgments typically arise in situations in which someone is sued and the defendant does not file an answer.
If you find yourself in this situation, the Nevada Rules of Civil Procedure enable you to file a motion to vacate, which, if successful, would set aside the default judgment. However, in order for your motion to work, you will need to provide at least one of the following reasons that the judgment should not stand:
- There is new evidence supporting your claim.
- There has been a clerical mistake.
- The defendant was not personally served.
- There was some other mistake, fraud or neglect.
- The judgment has already been satisfied, released or discharged.
If you are asking for the judgment to be set aside to due neglect, mistake, fraud, misconduct or because you were never personally served, you must file the motion to vacate within six months after you receive written notice of the judgment. If you are asking to vacate the ruling due to the fact that the judgment has already been satisfied, released or discharged, you must file the motion within a reasonable amount of time.
Once you are granted a motion to vacate, the case brought against you will start up again. You are then able to appear in court and bring your own defense.
While this information may be useful, it should not be taken as legal advice.
