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Arkansas Motion to Set Aside a Default Judgment

Set aside an Arkansas default judgment under Ark. R. Civ. P. 55(c). Show a qualifying ground plus a meritorious defense, and note the court's 90-day power under Rule 60(a).

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 Arkansas the main path is Ark. R. Civ. P. 55(c), which lets the court set aside a default judgment on one of four grounds: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud, misrepresentation, or other misconduct of an adverse party; or (4) any other reason justifying relief from operation of the judgment. For every ground except a void judgment, you must also demonstrate a meritorious defense, meaning a real defense you would raise if the case were reopened. Arkansas adds a distinctive timing lever: under Ark. R. Civ. P. 60(a) the court's general power to modify or vacate a judgment lasts only ninety days from the day the judgment is filed with the clerk. After ninety days, relief is confined to the limited grounds in Rule 60(c), such as a void judgment or fraud. A void judgment, often the result of defective service, can be set aside under Rule 55(c) without a meritorious-defense showing. Deadlines here run from filing with the clerk, so confirm your court's exact window and act quickly. DocDraft drafts an Arkansas 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 Arkansas you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by default.

  2. 2

    The main rule is Ark. R. Civ. P. 55(c). It lets the court set aside a default judgment on one of four grounds: mistake, inadvertence, surprise, or excusable neglect; the judgment is void; fraud, misrepresentation, or other misconduct of an adverse party; or any other reason justifying relief from the judgment.

  3. 3

    For every ground except a void judgment, you must show a meritorious defense in addition to establishing one of the Rule 55(c) grounds. The court wants to see the real defense you would raise if the case is reopened.

  4. 4

    Arkansas has a distinctive timing rule. Under Ark. R. Civ. P. 60(a) the court's general power to modify or vacate a judgment lasts ninety days from the day the judgment is filed with the clerk. Confirm this window with your court, because it runs from filing, not from when you learned of the judgment.

  5. 5

    After ninety days, relief is limited to the grounds in Ark. R. Civ. P. 60(c), such as a void judgment or fraud. Do not assume the full menu of grounds is available late; confirm which grounds survive past the 90-day window with your court.

  6. 6

    If you were never properly served, the judgment may be void. A void judgment can be set aside under Ark. R. Civ. P. 55(c) without the meritorious-defense showing, and it is not blocked by the 90-day window that limits the court's general power.

  7. 7

    You file the motion in the trial court where the case is pending, most often the Arkansas Circuit Court for that county, with a supporting affidavit or declaration of the facts. Check your court's local rules and any proposed-pleading requirement before you file.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Arkansas, 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, ARKANSAS [DIVISION, IF ANY]

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

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

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

  1. A default judgment was entered against Defendant on [DATE OF JUDGMENT] because [describe why the response was not filed in time].

GROUNDS

  1. This motion is brought under Ark. R. Civ. P. 55(c) on the following ground or grounds:

    a. [Mistake, inadvertence, surprise, or excusable neglect: describe the facts that excuse the failure to respond]; or

    b. [The judgment is void because Defendant was never properly served with the summons and complaint]; or

    c. [Fraud, misrepresentation, or other misconduct of an adverse party: describe it]; or

    d. [Any other reason justifying relief from operation of the judgment: describe it].

MERITORIOUS DEFENSE

  1. Unless the ground asserted is that the judgment is void, Defendant demonstrates a meritorious defense to the action: [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party]. If the ground is that the judgment is void, no meritorious-defense showing is required.

TIMELINESS

  1. This motion is timely. Under Ark. R. Civ. P. 60(a) the Court retains power to modify or vacate a judgment within ninety days of its having been filed with the clerk. [If more than ninety days have passed, state the limited Rule 60(c) ground relied on, such as that the judgment is void.] Defendant has acted promptly after learning of the judgment on [DATE].

RELIEF REQUESTED

  1. Defendant respectfully requests that the Court set aside the default judgment entered on [DATE OF JUDGMENT], permit Defendant to file a responsive pleading, and allow the case to proceed on the merits.

WHEREFORE, Defendant prays that the Court grant this motion, set aside the default judgment, and grant such other relief as the Court deems just and proper.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant, pro se

AFFIDAVIT IN SUPPORT

I, [AFFIANT NAME], state under oath that the foregoing facts are true and correct to the best of my knowledge, including the reason the response was not filed in time and the date I learned of the judgment.

[AFFIANT NAME] [Notary block as required]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this motion on all parties or their counsel of record by [method of service], in accordance with Arkansas law.

[NAME OF PERSON SERVING]

[Confirm your court's local rules for formatting, any proposed-pleading requirement, and the correct trial court and division before filing.]

Arkansas Requirements for Motion to Set Aside a Default Judgment

Note the court's 90-day power under Rule 60(a)

Under Ark. R. Civ. P. 60(a) the court's general power to modify or vacate a judgment lasts ninety days from the day the judgment is filed with the clerk. The count runs from filing, not from service or discovery, so confirm your exact window with the court and file promptly.

Know which grounds survive after 90 days

After ninety days, relief is limited to the grounds in Ark. R. Civ. P. 60(c), such as a void judgment or fraud. Do not assume the full menu of Rule 55(c) grounds is available late; confirm with your court which grounds survive past the 90-day window.

State a Rule 55(c) ground

Identify which Ark. R. Civ. P. 55(c) ground applies: mistake, inadvertence, surprise, or excusable neglect; the judgment is void; fraud, misrepresentation, or other misconduct of an adverse party; or any other reason justifying relief from the judgment. Explain the facts behind it.

Demonstrate a meritorious defense

Unless the ground is that the judgment is void, you must demonstrate a meritorious defense to the action in addition to establishing a Rule 55(c) ground. This is the real defense you would raise if the case were reopened, such as payment, a wrong amount, or wrong-party.

Check whether the judgment is void

If you were never properly served, the judgment may be void. A void judgment can be set aside under Ark. R. Civ. P. 55(c) without the meritorious-defense showing, and it is not blocked by the 90-day window that limits the court's general power to vacate.

Support the motion with an affidavit

Support the motion with a sworn affidavit or declaration stating the facts of the mistake, surprise, or excusable neglect, and the date you learned of the judgment. Confirm with your court whether a proposed responsive pleading should accompany the motion.

Use the correct Arkansas court caption

Caption the motion for the trial court where the case is pending, most often the Arkansas Circuit Court for that county, using the case number and party names exactly as they appear in the court record. Check local rules for any division and formatting requirements.

File and serve the motion

File the motion in the trial court where the case is pending and serve the other parties or their counsel as your court requires, with a certificate of service. Check your court's local rules for the filing method and any proposed-pleading requirement.

Frequently Asked Questions

It is a request asking the Arkansas 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 on the merits. The main basis is Ark. R. Civ. P. 55(c), which lets the court set aside the judgment on a qualifying ground such as mistake, surprise, or excusable neglect.

An entry of default is the record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Setting aside a default before judgment is generally easier. Once a default judgment is entered, you use Ark. R. Civ. P. 55(c), establish one of its grounds, and for any ground other than a void judgment also show a meritorious defense.

Under Ark. R. Civ. P. 60(a) the court's general power to modify or vacate a judgment lasts ninety days from the day the judgment is filed with the clerk. After that, relief is limited to the grounds in Rule 60(c), such as a void judgment or fraud. The count runs from filing with the clerk, not from service or discovery, so confirm your exact deadline and file promptly.

Ark. R. Civ. P. 55(c) provides four grounds: mistake, inadvertence, surprise, or excusable neglect; the judgment is void; fraud, misrepresentation, or other misconduct of an adverse party; or any other reason justifying relief from operation of the judgment. For every ground except a void judgment, you must also demonstrate a meritorious defense to the action.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Under Ark. R. Civ. P. 55(c) a void judgment can be set aside without the meritorious-defense showing that other grounds require, and the void-judgment path is not blocked by the 90-day window that limits the court's general power to vacate under Rule 60(a).

For most grounds, yes. Unless the ground is that the judgment is void, you must demonstrate a meritorious defense to the action in addition to establishing one of the Rule 55(c) grounds. The meritorious defense is the real defense you would raise if the case were reopened. Confirm with your court whether a proposed responsive pleading should accompany the motion.

You file it in the trial court where the case is pending, most often the Arkansas Circuit Court for the county named in the case caption, with a supporting affidavit or declaration of the facts. Serve the other parties as your court requires. Check your court's local rules for the filing method and any proposed-pleading requirement.