Alabama Motion to Set Aside a Default Judgment
Set aside an Alabama default judgment under Rule 55(c): file within 30 days of entry. Courts weigh the Kirtland three factors with a strong bias toward a trial on the merits.
Introduction
A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. In Alabama the main path is Rule 55(c) of the Alabama Rules of Civil Procedure, which lets the court set aside a default judgment on a party's motion filed not later than 30 days after the entry of the judgment. Those are calendar days, and the window runs from when the default judgment was entered, so act quickly. Alabama does not apply a bare excusable-neglect test. Instead the trial court weighs the three factors from Kirtland v. Fort Morgan Authority Sewer Service, Inc.: whether you have a meritorious defense (a real defense that could change the outcome), whether the plaintiff would be unfairly prejudiced if the judgment is set aside, and whether the default resulted from your own culpable conduct. The court exercises this discretion with a strong bias toward letting the defendant have a day in court. Once the 30-day Rule 55(c) window closes, relief runs through Rule 60(b): within a reasonable time, and for mistake, newly discovered evidence, or fraud, not more than four months after the judgment. A void judgment (one entered without proper service or jurisdiction) has no fixed outer limit. DocDraft drafts an Alabama 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
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A default judgment is the judgment entered when a defendant does not respond in time. In Alabama you undo it with a motion to set aside under Rule 55(c) of the Alabama Rules of Civil Procedure, which reopens the case so it can be decided on the merits.
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The main deadline is short. Under Rule 55(c) a party's motion to set aside a default judgment must be filed not later than 30 days after the entry of the judgment. These are calendar days measured from entry of the judgment, not a grace period.
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Alabama does not use a bare excusable-neglect test. The controlling standard is the three-factor analysis from Kirtland v. Fort Morgan Authority Sewer Service, Inc., 524 So. 2d 600 (Ala. 1988), applied at the trial court's discretion.
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The Kirtland factors are: whether you have a meritorious defense, whether the plaintiff would be unfairly prejudiced if the judgment is set aside, and whether the default judgment resulted from your own culpable conduct. The court balances the equities with a strong bias toward a trial on the merits.
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A meritorious defense is the first factor: a real defense that, if proven at trial, could change the outcome. The motion is a discretionary balancing, not a pass-or-fail requirement to attach a proposed answer, though showing your defense clearly helps.
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On culpable conduct, negligence alone is not enough to refuse relief. To justify keeping the default judgment in place, your actions must amount to willful conduct or conduct committed in bad faith.
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After the 30-day Rule 55(c) window closes, relief runs through Rule 60(b): within a reasonable time, and not more than four months for mistake or excusable neglect, newly discovered evidence, or fraud. A void judgment under Rule 60(b)(4), such as one entered without proper service, has no fixed outer time limit.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Alabama, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.
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Alabama Requirements for Motion to Set Aside a Default Judgment
File within 30 days of the default judgment
Under Rule 55(c) of the Alabama Rules of Civil Procedure, a party's motion to set aside a default judgment must be filed not later than 30 days after the entry of the judgment. These are calendar days measured from entry; file as soon as you can.
Use Rule 60(b) after the 30-day window closes
Once the 30-day Rule 55(c) window closes, relief runs through Rule 60(b): within a reasonable time, and not more than four months for mistake or excusable neglect, newly discovered evidence, or fraud. A void judgment under Rule 60(b)(4) has no fixed outer limit.
Show a meritorious defense
The first Kirtland factor is whether you have a meritorious defense: a real defense that, if proven at trial, could change the outcome. State the defense clearly, such as the debt was paid, the amount is wrong, or you are not the correct party.
Address unfair prejudice to the plaintiff
The second Kirtland factor asks whether the plaintiff would be unfairly prejudiced if the default judgment is set aside. Explain why reopening the case would not unfairly harm the plaintiff, for example that the case is at an early stage.
Explain the absence of culpable conduct
The third Kirtland factor is whether the default resulted from your own culpable conduct. Negligence alone is not enough to refuse relief; to keep the judgment in place your conduct would have to be willful or in bad faith. Explain what caused the missed response.
Frame the motion under the Kirtland balancing
Alabama does not apply a bare excusable-neglect test. Present the motion as the discretionary Kirtland three-factor balancing, noting the strong bias toward allowing the defendant a trial on the merits, rather than a generic excusable-neglect showing.
Use the Alabama court caption and cite the rule
Caption the motion for the Circuit Court of the county where the case is pending, using the case number and party names exactly as they appear in the court record, and cite Rule 55(c) of the Alabama Rules of Civil Procedure as the basis for relief.
File in the trial court and complete the certificate of service
File in the same trial court that entered the default judgment, typically the Circuit Court for the county where the case is pending, serve the motion on the opposing party, and include a certificate of service. Check your court's local rules for the filing method.