Defaulted DOB Violations: What Happens When You Miss a Hearing
If you missed your DOB violation hearing, don't panic. Learn your options for resolving default judgments and getting back on track.
What is a Default Judgment?
When you fail to appear at your scheduled OATH hearing, the Administrative Law Judge will issue a default judgment against you.
Default Judgment Consequences
Penalty Multiplier
5x Standard Penalty
Your penalty will be automatically increased to 5 times the standard amount when you default.
No Defense Presented
You lose the opportunity to present evidence, argue for mitigation, or negotiate a settlement.
Immediate Liability
The full default penalty becomes immediately due and enforceable.
How to Vacate a Default Judgment
You may be able to have your default judgment vacated if you can demonstrate excusable default and a meritorious defense.
Legal Requirements
1. Excusable Default
- • Valid reason for missing hearing
- • Medical emergency or illness
- • Death in family
- • Incorrect service of notice
- • Work conflict or travel emergency
2. Meritorious Defense
- • Valid legal arguments against violation
- • Evidence of compliance or correction
- • Procedural defects in notice or service
- • Wrong party or incorrect property
3. Reasonable Time
Must act promptly after learning of the default judgment.
Vacate Process
Step 1: File Motion
Submit a motion to vacate default to OATH within 30 days of the default judgment.
Step 2: Supporting Documentation
- • Affidavit explaining your absence
- • Medical records (if applicable)
- • Evidence of your defense
- • Documentation of compliance efforts
Step 3: ALJ Decision
Administrative Law Judge will review your motion and make a decision on whether to vacate the default.
Important Considerations
Before attempting to vacate a default, understand these critical factors.
Key Points to Remember
Legal Representation Recommended
The vacate process is complex and requires legal expertise. An experienced attorney can significantly improve your chances of success.
Time is Critical
You must act quickly after learning of the default judgment. Delays can prejudice your ability to vacate.
Cost vs. Benefit
Consider the cost of legal representation against the potential savings from vacating the default and reducing your penalty.
Need Immediate Help?
If you've received a default judgment, time is critical. Our experienced attorneys can help you navigate the vacate process and potentially reduce your penalties.
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Key Takeaways
Default penalties are 5x the standard amount
You must demonstrate excusable default and meritorious defense
Act quickly - time is critical for vacating defaults
Legal representation significantly improves your chances