To file a Maryland motion to vacate a judgment, you draft a written motion citing the correct court rule — Rule 3-535 if the case is in District Court or Rule 2-535 if it is in Circuit Court — and file it with the clerk’s office where the judgment was entered. Maryland does not publish a fill-in-the-blank form for this motion in either court, so the document is one you prepare yourself.1Maryland Courts. District Court Forms by Category The timing of your filing and the grounds you can show matter more than anything else about how the motion is written.
Which Rule Applies to Your Case
Pick the rule that matches the court that entered the judgment.
- District Court cases, including most small claims and consumer matters, fall under Rule 3-535.
- Circuit Court cases, which cover larger civil matters, fall under Rule 2-535.
- If you are trying to undo a default judgment in Circuit Court, Rule 2-613 lays out an additional procedure that applies on top of Rule 2-535.
The underlying statute, Maryland Courts and Judicial Proceedings Code § 6-408, sets the framework both rules follow: within 30 days of entry the court has full revisory power over its judgment, and after that the court can act only in cases of fraud, mistake, irregularity, or failure by a court employee to perform a required duty.2Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 6-408
File Within 30 Days If You Possibly Can
The single most important date is the 30-day mark after the judgment is entered on the docket. The clock starts on the entry date, not the date you learned about the judgment, so checking your mail promptly after any court involvement matters.
A motion filed inside that window asks the court to use its broad discretion under Rule 3-535(a) or Rule 2-535(a). The judge can take any action that was available before judgment was entered, including vacating it outright.3New York Codes, Rules and Regulations. Maryland Rules Rule 3-535 – Revisory Power You do not have to prove misconduct or a legal error. Typical reasons that work within the 30-day window include never receiving notice of the hearing, improper service of the original lawsuit, or a significant error in the judgment amount.
After 30 Days: Fraud, Mistake, or Irregularity
Once the 30-day general window closes, Rule 3-535(b) and Rule 2-535(b) still allow the court to revise a judgment, but only on narrow grounds.4New York Codes, Rules and Regulations. Maryland Rules Rule 2-535 – Revisory Power Maryland courts read each term strictly:
- Fraud means deceptive conduct by the opposing party that prevented you from getting a fair hearing. Falsifying proof of service is the classic example. Disagreeing with the other side’s testimony does not qualify.
- Mistake means an error by the court or a party beyond simple negligence. A clerk entering a judgment of $15,000 when the court actually awarded $1,500 is a mistake in this sense.
- Irregularity means a procedural defect in how the judgment was obtained, such as a hearing held without the required notice or a default taken without a mandatory prior step.
There is no filing deadline for a motion based on fraud, mistake, or irregularity — the rule allows it “at any time.”3New York Codes, Rules and Regulations. Maryland Rules Rule 3-535 – Revisory Power Still, long delays weaken the motion, because the judge will want to know why you waited. Clerical mistakes stand apart: both rules allow the court to fix typos, arithmetic errors, and similar mechanical problems at any time, even on its own initiative. That category does not reach substantive disagreements with the ruling.
Vacating a Default Judgment
Default judgments are the most common target of motions to vacate. A default is entered when a defendant fails to answer or appear and the court rules for the plaintiff without a trial. In Circuit Court, Rule 2-613 governs how to undo one.
The defendant can move to vacate the order of default within 30 days of its entry. The motion must do two things: explain why the defendant failed to respond, and describe the defense the defendant has on the merits. Both are required. Saying “I never got the papers” without also showing you have a real defense will not be enough. The court vacates the default when it finds a genuine factual or legal dispute about the merits and concludes it would be fair to excuse the failure to respond.5New York Codes, Rules and Regulations. Maryland Rules Rule 2-613 – Default Judgment
What the Motion Needs to Contain
The document itself does not need to read like a lawyer’s brief, but it does need certain pieces to be accepted and to persuade.
Header
At the top, put the full court name and location (for example, “District Court of Maryland for Baltimore City”), the case number, and the names of all parties exactly as they appear in the original case documents. The clerk’s office can look up a case number by party name if you do not have it. A wrong number sends your motion to the wrong file.
Title and Rule
Title the document “Motion to Vacate Judgment” and cite the rule you are relying on: Rule 3-535 for District Court, Rule 2-535 for Circuit Court, with Rule 2-613 added if you are attacking a Circuit Court default.
Body
State the date the judgment was entered, which fixes whether you are inside the 30-day window or need to show fraud, mistake, or irregularity. Then explain in plain language why the court should vacate. Specifics beat generalities. “The summons was mailed to 123 Oak Street, but I moved to 456 Elm Street six months earlier and filed a change of address with the post office” lands harder than “I didn’t know about the case.” If the judgment was a default, say what defense you would raise if the case went forward.
Attach anything that backs up your explanation: a returned-mail envelope, a lease showing your correct address, hospital records, repair bills, correspondence. Judges are much more willing to vacate a judgment when the motion arrives with proof instead of bare assertions.
Signature
Sign the motion, print your name, and include a current mailing address and phone number so the court and the opposing party can reach you. Some filers add a verification statement affirming the facts under penalty of perjury, which adds weight.
Filing and Serving the Motion
Two things happen in parallel: you file the original with the clerk and you deliver a copy to the other side.
Service on the opposing party can be done by first-class mail or hand delivery. If the other party has a lawyer, send the copy to the lawyer. Add a certificate of service to the end of the motion or on a separate page, stating the date, the method, and the recipient’s name and address. The court will not accept a motion without this certificate.
File the original with the Clerk of the Court in the county where the judgment was entered. You can file in person. Bring a spare copy for the clerk to stamp with the filing date; keep it, because that stamp is your proof of timely filing if the 30-day deadline is ever disputed. Fees vary, so check the current fee schedule on the Maryland Courts website or call the clerk before you go.6Maryland Courts. Courts – Fee Schedules
Stopping Collection While the Motion Is Pending
Filing a motion to vacate does not pause enforcement of the judgment. If your wages are being garnished or a lien has been placed on your property, the creditor can keep collecting unless the court orders otherwise.
In Circuit Court, Rule 2-632 gives the judge discretion to stay enforcement while a Rule 2-535 motion is pending.7New York Codes, Rules and Regulations. Maryland Rules Rule 2-632 – Stay of Enforcement The judge may require you to post security as a condition. If collection is already active, ask for a stay in the motion itself or file a separate motion for stay at the same time. Explain the hardship clearly. Stays are easier to get when the underlying motion raises a strong ground like improper service.
What Happens After You File
Once the clerk accepts the motion, the docket is updated and the presiding judge is notified. In Circuit Court, the opposing party has 15 days after being served to file a written response.8New York Codes, Rules and Regulations. Maryland Rules Rule 2-311 – Motions If they do not respond, the court can rule without further waiting.
The judge may decide on the papers alone or set a hearing. If a hearing is set, bring originals of every document you referenced in the motion.
If the Motion Is Granted
The court issues an order striking the judgment, and the case returns to its pre-judgment status. The plaintiff’s claim is still alive but undecided. You will need to answer the complaint if you have not already and prepare to defend on the merits. If a garnishment or bank levy was in place, send a copy of the order to your employer’s payroll office or your bank right away — they often do not learn about court orders on their own.
If the Motion Is Denied
The original judgment stands and enforcement can continue. From District Court, Maryland allows a de novo appeal to the Circuit Court within 30 days of judgment in most civil cases, which gives you a new trial rather than a review.9Maryland Courts. Appeals and Motions After Trial in the District Court From Circuit Court, the path is a direct appeal to the Appellate Court of Maryland, which reviews only whether the trial judge abused discretion in denying the motion. That standard is deferential, so appeals rarely succeed when the motion failed for weak grounds or long delay. A short consultation with an attorney before appealing can save money that would otherwise go into a losing filing.