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Connecticut Motion to Set Aside a Default Judgment

Open a Connecticut default judgment under Conn. Gen. Stat. 52-212: move within four months of when notice was sent, on a good defense plus reasonable cause you could not defend.

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. A default judgment is the judgment a court enters when a defendant does not appear or defend. In Connecticut this is called a motion to open the judgment, and the main path is Conn. Gen. Stat. section 52-212. Under section 52-212 you must file your written motion within four months following the date on which the notice of the judgment was sent, and that clock runs from when notice was sent, not from docket entry or an oral ruling. Connecticut applies a conjunctive two-part standard: you must show BOTH that a good defense existed at the time the judgment was rendered (a meritorious defense, meaning a real defense on the facts or the law) AND that you were prevented by mistake, accident, or other reasonable cause from making that defense. A defense without an excuse, or an excuse without a defense, is not enough. Section 52-212a and Practice Book section 17-4 make four months the general outer window for reopening a civil judgment. If you were never served, the judgment may be void (legally a nullity) and the four-month bar may not apply. DocDraft drafts a Connecticut 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 a court enters when a defendant does not appear or respond in time. In Connecticut you undo it by moving to open the judgment under Conn. Gen. Stat. section 52-212, which reopens the case so it can be decided on the merits.

  2. 2

    The governing rule is Conn. Gen. Stat. section 52-212, backed by section 52-212a and Practice Book section 17-4. Connecticut uses the official Judicial Branch form JD-CV-107, Motion to Open Judgment, for civil matters other than small claims and housing.

  3. 3

    The deadline is four months following the date on which the notice of the judgment was sent. The clock runs from when notice was sent, not from docket entry or an oral ruling, so confirm that mailing date and file well inside the window.

  4. 4

    Connecticut applies a conjunctive two-part standard. You must show BOTH that a good cause of action or defense existed at the time the judgment was rendered AND that you were prevented by mistake, accident, or other reasonable cause from making that defense.

  5. 5

    A showing of only excusable neglect without a good defense, or a good defense without a valid excuse, is not enough. The motion should state in general terms the nature of your defense and particularly set forth the reason you failed to appear.

  6. 6

    Section 52-212 does not require you to attach a separate proposed answer. Instead the motion must be verified by the oath of the movant or the movant's attorney, so it is sworn rather than accompanied by a proposed pleading.

  7. 7

    If you were never served with process, the judgment may be void and the four-month bar may not reach it. Section 52-212a preserves cases where the court has continuing jurisdiction, and courts retain authority to open a judgment obtained by fraud.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Connecticut, 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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SUPERIOR COURT OF THE STATE OF CONNECTICUT JUDICIAL DISTRICT OF [JUDICIAL DISTRICT] AT [TOWN]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Docket No.: [DOCKET NUMBER]

MOTION TO OPEN AND SET ASIDE DEFAULT JUDGMENT

[Conn. Gen. Stat. sections 52-212 and 52-212a; Practice Book section 17-4]

TO THE SUPERIOR COURT:

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

  1. Nature of the judgment. On [DATE OF JUDGMENT] the Court rendered a judgment against the Defendant upon a default for failure to [appear / plead]. Notice of the judgment was sent on [DATE NOTICE SENT].

  2. Timeliness. This motion is filed within four months following the date on which the notice of the judgment was sent, as required by Conn. Gen. Stat. section 52-212 and section 52-212a and Practice Book section 17-4.

  3. Good defense (first prong). A good cause of action or defense existed at the time the judgment was rendered. In general terms, that defense is: [state the nature of the defense, for example the debt was paid, the amount claimed is wrong, or the Defendant is not the correct party].

  4. Reasonable cause (second prong). The Defendant was prevented by mistake, accident, or other reasonable cause from making that defense. The specific reason the Defendant failed to appear is: [particularly set forth the reason, for example the Defendant did not receive actual notice of the hearing, or a documented mistake or accident prevented a timely response].

  5. [If applicable: The judgment is void because the Defendant was never served with process, so the Court lacked jurisdiction and the four-month limit does not bar this motion under section 52-212a.]

VERIFICATION

I, [MOVANT NAME], being duly sworn, depose and say that I have read the foregoing motion, that the statements of fact in it are true to the best of my knowledge and belief, and that this motion is verified under Conn. Gen. Stat. section 52-212.

[MOVANT NAME]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

[Notary Public / Commissioner of the Superior Court]

WHEREFORE, the Defendant respectfully requests that the Court open and set aside the default judgment entered on [DATE OF JUDGMENT], reinstate this case on the docket, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Juris Number, if attorney] Attorney for Defendant / Self-Represented Defendant

ORDER

The foregoing motion having been heard, it is hereby ORDERED: GRANTED / DENIED.

Judge / Clerk of the Superior Court

CERTIFICATION OF SERVICE

I hereby certify that a copy of the foregoing was mailed or delivered on [DATE] to all counsel and self-represented parties of record, in accordance with Connecticut Practice Book requirements. [The official Connecticut Judicial Branch form JD-CV-107, Motion to Open Judgment, may be used for civil matters other than small claims and housing; confirm your court's local filing method.]

[NAME OF PERSON CERTIFYING]

Connecticut Requirements for Motion to Set Aside a Default Judgment

File within four months of when notice was sent

Under Conn. Gen. Stat. section 52-212 you must file your written motion within four months following the date on which the notice of the judgment was sent. The clock runs from when notice was sent, not from docket entry, so confirm that mailing date and file well inside the window.

Treat the four-month window as jurisdictional

Section 52-212a and Practice Book section 17-4 make four months the general outer limit for reopening a civil judgment, and Connecticut treats it as jurisdictional. A motion filed after four months is usually untimely unless the judgment is void or was obtained by fraud.

Show a good defense that existed at the time of judgment

The first prong of section 52-212 requires that a good cause of action or defense existed at the time the judgment was rendered. State in general terms the nature of the defense you would raise if the case is reopened, such as the debt was paid or the amount is wrong.

Show reasonable cause you were prevented from defending

The second prong requires that you were prevented by mistake, accident, or other reasonable cause from making the defense. Particularly set forth the specific reason you failed to appear. Both prongs must be met; an excuse alone or a defense alone is not enough.

Check whether the judgment is void for lack of service

If you were never served with process, the judgment may be void and the four-month bar may not reach it. Section 52-212a preserves cases where the court has continuing jurisdiction, and courts retain authority to open a judgment obtained by fraud.

Verify the motion under oath

Section 52-212 requires the motion to be verified by the oath of the movant or the movant's attorney. A separate proposed answer is not required. The motion must state in general terms the nature of the claim or defense and the reason you failed to appear.

Use the official Motion to Open Judgment form

The Connecticut Judicial Branch provides form JD-CV-107, Motion to Open Judgment, for civil matters other than small claims and housing. It must be sworn when the judgment was entered on a default or nonsuit and references sections 52-212 and 52-212a and Practice Book sections 17-4 and 17-43.

File in the Superior Court and certify service

File in the Connecticut Superior Court for the judicial district where the case is pending, using the caption from the case, and certify service on all counsel and self-represented parties of record. Confirm your court's local filing method.

Frequently Asked Questions

It is a request, called a motion to open the judgment, asking a Connecticut Superior Court to undo a default judgment, which is the judgment entered against a defendant who did not appear or respond in time. Opening it reopens the case on the merits. Under Conn. Gen. Stat. section 52-212 you must file within four months of when notice of the judgment was sent and show both a good defense and reasonable cause you could not defend.

A default is the court's earlier determination that you did not appear or plead; a default judgment is the later judgment that actually decides the case against you. Opening a default before judgment is generally simpler. Once a default judgment is entered, you move to open it under Conn. Gen. Stat. section 52-212, file within four months of when notice was sent, and satisfy the two-part good-defense-plus-reasonable-cause test, unless the judgment is void for lack of service.

Under Conn. Gen. Stat. section 52-212 you must file your written motion within four months following the date on which the notice of the judgment was sent. Section 52-212a and Practice Book section 17-4 confirm four months as the general outer window for reopening a civil judgment. Connecticut treats that period as jurisdictional, so a motion filed late is usually untimely unless the judgment is void or was obtained by fraud.

Connecticut uses a conjunctive two-part standard under section 52-212. You must show both that a good cause of action or defense existed at the time the judgment was rendered and that you were prevented by mistake, accident, or other reasonable cause from making that defense. A good defense with no excuse, or an excuse with no defense, is insufficient. State the nature of your defense and the specific reason you failed to appear.

Often yes. If you were never served with process, the court may have lacked jurisdiction and the judgment may be void, which is a nullity that the four-month bar may not reach. Section 52-212a preserves cases where the court has continuing jurisdiction, and Connecticut courts retain authority to open a judgment obtained by fraud or one that is void for lack of jurisdiction. Confirm your specific timing with the court.

Section 52-212 does not require you to attach a separate proposed answer to the motion. Instead the motion must be verified by the oath of the movant or the movant's attorney, state in general terms the nature of your claim or defense, and particularly set forth the reason you failed to appear. In short, the motion itself is sworn rather than accompanied by a proposed pleading.

You file it in the Connecticut Superior Court for the judicial district where the case is pending, using the caption from the case. The Connecticut Judicial Branch provides form JD-CV-107, Motion to Open Judgment, for civil matters other than small claims and housing, which must be sworn when the judgment was entered on a default or nonsuit. Confirm your court's local filing method.