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
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
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
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
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.
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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
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
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
The rules differ depending on whether the court has only entered a default or has gone further and entered a default judgment. Naming it correctly points to the right standard.
A default judgment
The court entered a final judgment against you after you did not respond. This is the most common situation and the harder one to undo.
Most Common OptionAn entry of default only, not yet a judgment
The clerk noted your default but no judgment has been entered yet. This is easier to set aside for good cause.
I am not sure
Check the court record or the papers you received to see whether a judgment amount has been entered.
The reason you did not answer in time is the heart of the motion. Be specific and honest, because the court weighs whether your neglect was excusable.
I was never properly served
You did not receive the lawsuit, or it went to the wrong address. This can make the judgment void.
Most Common OptionMistake, illness, or excusable neglect
You missed the deadline because of a calendaring error, illness, or another understandable reason.
I relied on someone else who did not act
You reasonably believed another person, an insurer, or a representative was handling it.
Your Grounds to Set Aside
Most courts require a meritorious defense: a real reason you should win or owe less if the case is reopened. A strong defense makes the court more willing to set the judgment aside.
Yes, I have a factual or legal defense
For example the debt was paid, the amount is wrong, the claim is time-barred, or you are not the right party.
Most Common OptionI dispute the amount, not the whole claim
You may owe something but the judgment overstates it. Explain what is wrong with the amount.
I am not sure yet
List the facts you know; an attorney review can help identify a defense before you file.
Many courts require the proposed answer to accompany the motion, so the judge can see the defense you would raise if the case is reopened.
Yes, I will attach a proposed answer
The standard approach, and required in many courts, to show the defense is real.
Most Common OptionI will file it if the court requires it
Some courts do not require it up front. Check your court's rule.
Timing and Filing
The deadline to set aside a default judgment is short and varies by court. A motion must generally be filed within the time your court's rule allows, measured from the judgment.
State court
Your state's rules of civil procedure set the deadline and standard, which vary widely by state.
Most Common OptionFederal court
Federal Rule 60(b) applies: a reasonable time, and no more than one year for mistake or excusable neglect.
I am not sure how long ago
Find the date the judgment was entered on the court record; the clock usually runs from that date.
Motion to Set Aside a Default Judgment Requirements
Court and Case Caption
The name of the court, the parties, and the case number, copied exactly from the default judgment or the court record.
Your Information as Movant
Your name, address, and contact details. You are the movant, the defendant asking the court to set aside the judgment.