In federal court, the question of how long you have to vacate a judgment has two answers: one year from the date the judgment was entered for the most common grounds, or a “reasonable time” for a narrower set of grounds with no fixed outer limit.1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order State courts set their own deadlines, and some are much shorter, sometimes as brief as 30 days. Enforcement can start quickly too: in federal cases, a creditor can begin garnishing wages or levying accounts 30 days after the judgment is entered, so the practical deadline to act is often shorter than the legal one.
The One-Year Federal Deadline
Federal Rule of Civil Procedure 60(b) is the mechanism for asking a court to set aside a final judgment. Three of its six grounds carry a hard one-year deadline measured from the date the judgment was entered:1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order
- Mistake, inadvertence, surprise, or excusable neglect. This is the ground most people rely on when they missed a lawsuit deadline because of a medical emergency, a family crisis, or honest confusion about court procedures.
- Newly discovered evidence that could not have been found earlier through reasonable effort and that likely would have changed the outcome.
- Fraud, misrepresentation, or misconduct by the opposing party.
The one-year clock on these three is absolute. Filing on day 366 means the court has no authority to grant relief under these provisions, no matter how strong your case is.
One year is also the outer boundary, not a safe harbor. Every Rule 60(b) motion, including ones filed comfortably inside the year, must also be filed within a “reasonable time.” Courts routinely deny motions filed a few months after a defendant learned about the judgment when there was no good explanation for the delay. If you know a judgment exists, treat the deadline as running from that moment, not from the twelve-month mark.
Grounds With No Fixed Deadline
The remaining three Rule 60(b) grounds have no one-year cap, but still must be raised within a reasonable time:1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order
- The judgment is void. This usually means the court lacked jurisdiction over you because you were never properly served with the lawsuit.
- The judgment has been satisfied, released, or discharged, or is based on an earlier judgment that has since been reversed.
- Any other reason justifying relief. Courts read this catch-all narrowly and will not let you use it to escape the one-year cap that would otherwise apply.
What “reasonable time” means depends on the facts. Judges weigh how long you knew about the judgment before acting, whether you had a good reason for the delay, and whether reopening the case would unfairly harm the other side. Someone who discovers a default judgment only when their bank account is frozen will get more room than someone who ignored a judgment they knew about for months.
Void Judgments Are No Longer Open-Ended
Until January 2026, federal courts disagreed about whether void judgments could be attacked at any time, on the theory that a judgment entered without jurisdiction is a legal nullity that never becomes valid. The Supreme Court resolved that split in Coney Island Auto Parts Unlimited, Inc. v. Burton, holding that the reasonable-time requirement in Rule 60(c)(1) applies to motions challenging void judgments under Rule 60(b)(4).2Supreme Court of the United States. Coney Island Auto Parts Unlimited, Inc. v. Burton, No. 24-808 Even if you were never served, you cannot wait indefinitely once you learn the judgment exists. The Court noted that the reasonable-time standard is flexible enough to accommodate defendants who first hear about a judgment when a creditor tries to collect, but the obligation to act promptly kicks in from that point.
State Court Deadlines Are Different
Most debt collection lawsuits are filed in state court, not federal court, and state rules do not track Rule 60(b) uniformly. Some states impose deadlines as short as 30 days from notice of the judgment. Others allow up to two years. A few measure the deadline from when you first learned about the judgment rather than from when it was entered. Because the range is so wide, the essential first step is identifying which court entered your judgment and checking that court’s specific rules. The clerk’s office can point you to the right rule or form.
Default Judgments Have Their Own Rule
Most searchers dealing with this question are facing a default judgment entered because they never responded to the lawsuit. Federal Rule 55(c) governs the mechanics: a court may set aside an entry of default for “good cause” and may set aside a final default judgment under Rule 60(b).3Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment The timing rules follow whichever provision applies. If default has been noted by the clerk but no final judgment has been entered yet, the “good cause” standard is more forgiving than Rule 60(b), and there is no fixed deadline. Once the default judgment itself is final, you are back to the one-year and reasonable-time framework above.
Winning a motion to vacate a default judgment requires more than showing you missed the deadline for a good reason. Courts also look at whether you have a meritorious defense to the underlying claim and whether reopening the case would unfairly prejudice the other party.4United States Bankruptcy Court, District of Connecticut. Order Granting Motion to Vacate Default Judgment, Mangan v. Nexus If you owe the money and have no real defense, the deadline may not be the thing that matters most.
Enforcement Can Start Before Your Deadline Runs
The legal deadline to move to vacate is one thing. The practical deadline is often shorter, because a creditor can begin collecting well before your year runs out. Under federal Rule 62(a), execution on a judgment is automatically stayed for 30 days after entry unless the court orders otherwise. After that, the creditor can pursue wage garnishment, bank levies, and property liens.5U.S. Court of International Trade. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment
Filing a motion to vacate does not automatically stop collection. To pause enforcement beyond the initial 30 days, you have to ask the court for a stay, which usually requires posting a bond or other security. If your wages are already being garnished or your account has been frozen, request a stay of execution at the same time you file the motion to vacate. Some judges will grant a temporary stay while the motion is pending; others will not without a bond. Either way, the request has to be made in writing.
If You’ve Already Missed the Deadline
Missing the one-year window does not always mean the judgment stands forever. Rule 60(d) preserves the court’s power to entertain an “independent action” for relief from a judgment and to set aside a judgment for fraud on the court.1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order An independent action is a new lawsuit asking the court to void the original judgment. Courts reserve this remedy for extraordinary circumstances, and the standard is significantly harder to meet than a Rule 60(b) motion. For cases involving serious fraud or a complete absence of notice, it remains available even after the one-year deadline has passed.
The Appeal Deadline Is Separate and Much Shorter
An appeal is a different remedy with its own clock. In federal court, the deadline to appeal a final judgment is generally 30 days from entry. A timely Rule 60(b) motion can affect that appeal window, so the two deadlines interact in ways that matter if you might want to pursue both. When any of these deadlines are close, a short conversation with an attorney is worth the cost.