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Protection from Default Judgment

In certain actions, if a court enters a judgment against you when you fail to appear or defend yourself during a period of military duty or within 60 days thereafter, you have the right under the SCRA to request that the court reopen the judgment to allow you to defend the action.

You must apply to reopen the judgment no later than 90 days after release from active duty. The application to vacate the default judgment must show that you were materially affected by reason of that military duty in making a defense to the action; and you have a meritorious or legal defense to the action or some part of it. 50 USC App 3931.