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Motion to Set Aside a Default Judgment

A motion to set aside a default judgment asks the court to undo a judgment entered because you did not respond in time, so you can defend the case on the merits.

Introduction

A motion to set aside a default judgment asks a court to cancel a judgment that was entered against you because you did not answer the lawsuit or appear in time. A default judgment is the judgment the court enters when a defendant does not respond by the deadline, so the plaintiff wins without a trial. To set it aside means to undo that judgment and reopen the case so you can defend it on the merits. There are two common paths. The first is relief for a good reason, usually your mistake, inadvertence, surprise, or excusable neglect, together with a real defense to the claim. In federal court this comes from Rule 60(b) of the Federal Rules of Civil Procedure, and a motion on those grounds must be filed within a reasonable time and no later than one year after the judgment. The second path is for a judgment that is void, most often because you were never properly served with the lawsuit. A void judgment can usually be set aside at any time. State courts follow their own rules of civil procedure, and the exact deadline and standard vary by state, so your state's rule controls the timing and what you must show. Moving quickly matters, because most set-aside deadlines are short and start running as soon as the judgment is entered. DocDraft builds your motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is entered because a defendant did not respond in time. Setting it aside undoes the judgment and reopens the case so it can be decided on the merits rather than by default.

  2. 2

    Most set-aside motions rest on a good reason plus a real defense. The usual reason is your mistake, inadvertence, surprise, or excusable neglect, and courts also want to see that you have a meritorious defense worth hearing.

  3. 3

    In federal court the grounds come from Rule 60(b). Rule 55(c) lets a court set aside an entry of default for good cause and a default judgment under Rule 60(b), which covers mistake, inadvertence, surprise, excusable neglect, a void judgment, and other reasons that justify relief.

  4. 4

    Timing is short and critical. Under federal Rule 60(c) the motion must be filed within a reasonable time and, for mistake or excusable neglect, no more than one year after the judgment. State deadlines vary and can be much shorter, so confirm your state's rule and file fast.

  5. 5

    A judgment that is void can usually be undone at any time. If you were never properly served with the lawsuit, the judgment may be void for lack of jurisdiction, and many courts will set it aside without the usual time limit.

  6. 6

    Setting aside is not the same as appealing or dismissing. It reopens the case in the same court so you can defend it, unlike an appeal to a higher court or a motion to dismiss that asks the court to throw the case out.

  7. 7

    Where and how you file varies by court. Federal and state courts, and different counties, have their own forms, formats, and rules, and some require a proposed answer with the motion. Confirm your court's rule and deadline before you file.

Key Decisions

What Happened

Your Grounds to Set Aside

Timing and Filing

Customize your Motion to Set Aside a Default Judgment Template with DocDraft

IN THE [NAME OF COURT] [JUDICIAL DISTRICT / COUNTY]

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

MOTION TO SET ASIDE DEFAULT JUDGMENT

[MOVANT NAME], the defendant in this action, respectfully moves this Court to set aside the default judgment entered on [DATE OF JUDGMENT], and to reopen this case so that it may be decided on the merits. In support, the defendant states:

  1. BACKGROUND A default judgment was entered against the defendant on [DATE] because [describe why no response was filed on time]. The defendant learned of the judgment on [DATE].

  2. GROUNDS FOR SETTING ASIDE THE JUDGMENT [Select and complete the grounds that apply.] [ ] Mistake, inadvertence, surprise, or excusable neglect. The failure to respond in time was due to [explain: never received the papers in time, illness, a calendaring error, reasonable reliance on another person]. [ ] Improper service / void judgment. The defendant was not properly served with the summons and complaint because [explain], so the judgment is void for lack of jurisdiction and may be set aside at any time. [ ] Other reason that justifies relief. [Explain, for example fraud or newly discovered evidence.]

  3. TIMELINESS This motion is filed within the time allowed by the applicable rule. The judgment was entered on [DATE], and the defendant moved promptly after learning of it on [DATE].

  4. MERITORIOUS DEFENSE The defendant has a meritorious defense to this action: [state the facts of the defense, for example the debt was paid, the amount is wrong, the claim is barred, or the defendant is not the correct party]. A proposed [Answer / responsive pleading] is submitted with this motion.

  5. NO UNFAIR PREJUDICE Setting aside the judgment will not unfairly prejudice the plaintiff, who can still pursue the claim on the merits. The defendant seeks only the opportunity to defend.

  6. RELIEF REQUESTED For these reasons, the defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit the defendant to file the attached responsive pleading, and grant any further relief the Court deems just.

Dated: [DATE]

Respectfully submitted,

[SIGNATURE] [MOVANT NAME] [ADDRESS] [CITY, STATE, ZIP] [EMAIL] [PHONE] [Attorney bar number, if represented]

CERTIFICATE OF SERVICE I certify that on [DATE] a copy of this motion was served on the plaintiff or the plaintiff's attorney by [method of service] at the address on file.

[SIGNATURE] [MOVANT NAME]

Frequently Asked Questions

It is a formal request asking a court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting the judgment aside reopens the case so you can defend it on the merits. You usually must show a good reason for missing the deadline, such as mistake or excusable neglect, and that you have a real defense to the claim.

An entry of default is the clerk's notation that a defendant failed to respond on time. A default judgment is the actual judgment entered afterward that decides the case against the defendant. In federal court, an entry of default is set aside for good cause under Rule 55(c), while a default judgment is harder to undo and must be set aside under Rule 60(b). Acting before a default becomes a judgment is easier.

The most common ground is that you missed the deadline through mistake, inadvertence, surprise, or excusable neglect, paired with a meritorious defense to the claim. In federal court these come from Rule 60(b). A separate ground is that the judgment is void, usually because you were never properly served, which can be raised at any time. Some courts also allow relief for fraud, newly discovered evidence, or other reasons that justify undoing the judgment.

It depends on the court and the ground. In federal court a motion under Rule 60(b) must be filed within a reasonable time, and for mistake or excusable neglect no more than one year after the judgment. State deadlines vary widely and are often shorter, some measured in weeks from the judgment. A void judgment for lack of proper service can usually be challenged at any time. Confirm your court's rule and move quickly.

Often yes. If you were never properly served with the summons and complaint, the court may have lacked jurisdiction over you and the default judgment may be void. A void judgment can usually be set aside at any time, without the shorter deadline that applies to excusable-neglect motions. You will need to show how service failed, for example that the papers went to the wrong address or were never delivered to you.

Usually yes. Most courts require you to show both a good reason for missing the deadline and a meritorious defense, meaning a real, factual defense that could change the outcome if the case is reopened. Many courts want the proposed answer or a sworn statement of the defense filed with the motion. A judgment that is void for lack of service is the main situation where a defense showing may not be required.

No. Individuals and small businesses can and do file their own motions to set aside a default judgment. A clear motion that explains why the deadline was missed, states the defense, and is filed on time can stand on its own. Because the deadlines are short and the standard varies by state, an attorney review before you file can confirm you are using the right ground and filing in the right court on time.

The other side can respond, and the court decides whether to grant or deny the motion, often after a hearing. If the court grants it, the default judgment is vacated and the case reopens so you can file your answer and defend it. If the court denies it, the judgment stands and your remaining option is usually an appeal. Filing the motion does not automatically stop collection, so ask the court about a stay if needed.