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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

  1. 1

    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.

  2. 2

    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.

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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.

Open the Motion to Set Aside a Default Judgment guide

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IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT

[Ala. R. Civ. P. 55(c)]

COMES NOW Defendant [DEFENDANT NAME] and moves this Court to set aside the default judgment entered against Defendant on [DATE OF JUDGMENT], and in support states as follows:

  1. TIMELINESS. This motion is filed not later than 30 days after the entry of the default judgment, as required by Rule 55(c) of the Alabama Rules of Civil Procedure. The default judgment was entered on [DATE OF JUDGMENT], and this motion is filed on [DATE OF FILING].

  2. GOVERNING STANDARD. Under Kirtland v. Fort Morgan Authority Sewer Service, Inc., 524 So. 2d 600 (Ala. 1988), the Court should exercise its discretion with a strong bias toward allowing the defendant a trial on the merits, weighing (a) whether Defendant has a meritorious defense, (b) whether Plaintiff will be unfairly prejudiced if the judgment is set aside, and (c) whether the default resulted from Defendant's own culpable conduct.

  3. MERITORIOUS DEFENSE. Defendant has a meritorious defense that, if proven at trial, could change the outcome of this case: [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party].

  4. NO UNFAIR PREJUDICE. Setting aside the default judgment will not unfairly prejudice Plaintiff because [explain, for example the case is at an early stage and evidence remains available].

  5. NO CULPABLE CONDUCT. The default did not result from Defendant's willful conduct or bad faith. [Explain what caused the failure to respond in time.] Mere negligence is not sufficient to refuse to set aside a default judgment.

  6. ALTERNATIVE RELIEF. [If more than 30 days have passed: Defendant seeks relief under Rule 60(b) of the Alabama Rules of Civil Procedure, filed within a reasonable time. If the judgment is void for lack of proper service or jurisdiction, relief is sought under Rule 60(b)(4), which has no fixed outer time limit.]

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE OF JUDGMENT], reopen this case, and permit Defendant to defend on the merits, together with such other relief as the Court deems just.

Respectfully submitted,

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Email] Attorney for Defendant / Defendant, Pro Se

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of the foregoing motion on the following by [method of service]:

[NAME AND ADDRESS OF OPPOSING PARTY OR COUNSEL]

[NAME OF PERSON SERVING]

[Confirm your court's local rules for filing, formatting, and service requirements before filing.]

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.

Frequently Asked Questions

It is a request asking an Alabama trial court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. The main basis is Rule 55(c) of the Alabama Rules of Civil Procedure, and the court decides the motion using the Kirtland three-factor analysis with a strong bias toward a trial on the merits.

An entry of default is the court's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Rule 55(c) lets the court set aside an entry of default at any time before judgment, which is generally easier. Once a default judgment is entered, a party's motion to set it aside must be filed not later than 30 days after the entry of the judgment.

Under Rule 55(c) a party's motion must be filed not later than 30 days after the entry of the default judgment, counted in calendar days. After that window closes, relief runs through Rule 60(b): within a reasonable time, and for mistake or excusable neglect, newly discovered evidence, or fraud, not more than four months after the judgment. A void judgment under Rule 60(b)(4) has no fixed outer time limit.

Alabama applies the three-factor test from Kirtland v. Fort Morgan Authority Sewer Service, Inc. The court considers whether you have a meritorious defense, 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 its discretion with liberality and a strong bias toward allowing the defendant a day in court.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. A void judgment falls under Rule 60(b)(4), which has no fixed outer time limit; the motion need only be made within a reasonable time. This is different from the four-month cap that applies to mistake, newly discovered evidence, and fraud grounds under Rule 60(b)(1), (2), and (3).

Not as a strict rule. Neither Rule 55(c) nor the Kirtland analysis prescribes attaching a proposed answer. The first Kirtland factor requires you to show a meritorious defense, and in Kirtland itself the court looked to the defendant's already-filed answer, counterclaim, and affidavits to find that showing. Setting out your defense clearly still helps the court weigh the factors, and some local practices may vary, so check your court's rules.

You file it in the same trial court where the default judgment was entered, typically the Circuit Court for the county where the case is pending, using the case caption exactly as it appears in the court record. Serve the motion on the opposing party and include proof of service. Check your court's local rules for filing and formatting requirements.