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Delaware Motion to Set Aside a Default Judgment

Set aside a Delaware default judgment under Superior Court Rule 55(c), which routes to Rule 60(b). Show excusable neglect, a meritorious defense, and no substantial prejudice.

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 Delaware Superior Court there is no separate 'good cause' test for setting aside a default judgment. Superior Court Civil Rule 55(c) simply directs that a default judgment is set aside in accordance with Rule 60(b), so every Superior Court set-aside runs through Rule 60(b). Rule 60(b) lets the court relieve you from a final judgment for reasons that include mistake, inadvertence, surprise, or excusable neglect, and separately when the judgment is void. On top of the rule, Delaware courts apply the three-element Battaglia test: you must show (1) excusable neglect in the conduct that allowed the default judgment, meaning neglect a reasonably prudent person might have committed; (2) a meritorious defense that could change the outcome if the case were heard; and (3) that granting the motion will not substantially prejudice the plaintiff. Excusable neglect is the threshold: the court reaches the meritorious-defense and prejudice questions only after you clear it. A void judgment, most often from defective service, is a distinct path under Rule 60(b)(4). DocDraft drafts a Delaware 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 Delaware 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

    In Delaware Superior Court there is no independent good-cause standard for a default judgment. Superior Court Civil Rule 55(c) sends every default-judgment set-aside to Rule 60(b), so Rule 60(b) supplies the operative grounds.

  3. 3

    Rule 60(b) grounds include mistake, inadvertence, surprise, or excusable neglect, and separately a judgment that is void. The court may relieve a party from a final judgment for these reasons on motion and on terms that are just.

  4. 4

    Delaware layers the three-element Battaglia test on top of the rule: excusable neglect, a meritorious defense, and no substantial prejudice to the plaintiff. Excusable neglect is the threshold you must clear before the other two are considered.

  5. 5

    Excusable neglect means neglect that might have been the act of a reasonably prudent person under the circumstances. A meritorious defense is one that could allow a different outcome if the matter were heard on its merits.

  6. 6

    In Superior Court the motion must be made within a reasonable time; the rule text sets no fixed one-year outer limit, so confirm the timing standard for your court. In the Justice of the Peace Court the deadlines are hard: 15 days in debt, trespass, and replevin actions, 30 days if service was by certified mail returned unclaimed, and 10 days in summary possession (eviction) actions.

  7. 7

    Where you file depends on which court entered the judgment. A Superior Court judgment is set aside under Rule 55(c) and 60(b) in that court; most consumer debt and eviction defaults occur in the Justice of the Peace Court, where the short Rule 60(c) day counts control.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Delaware, 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 DELAWARE IN AND FOR [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

C.A. No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

[Del. Super. Ct. Civ. R. 55(c) and 60(b)]

TO THE HONORABLE COURT:

Defendant [DEFENDANT NAME] respectfully moves this Court, under Superior Court Civil Rule 55(c), which directs that a default judgment be set aside in accordance with Rule 60(b), to set aside the default judgment entered on [DATE OF JUDGMENT] and to permit Defendant to defend this action on the merits. In support, Defendant states:

  1. GROUNDS. This motion is brought under Rule 60(b)(1) for mistake, inadvertence, surprise, or excusable neglect [and, if applicable, under Rule 60(b)(4) because the judgment is void].

  2. THE BATTAGLIA TEST. Delaware applies a three-element standard. Defendant addresses each element below.

    a. Excusable neglect. The failure to respond was neglect that a reasonably prudent person might have committed under the circumstances: [describe what happened, for example the summons was never received, was sent to a former address, or a family or medical emergency prevented a timely response].

    b. Meritorious defense. Defendant has a defense that could allow a different outcome if the case is heard on its merits: [state the defense, for example the debt was paid, the amount claimed is wrong, the statute of limitations has run, or Defendant is not the correct party].

    c. No substantial prejudice. Granting this motion will not substantially prejudice Plaintiff, who [explain, for example has taken no action in reliance on the judgment and can proceed on the merits without loss of evidence].

  3. TIMELINESS. This motion is made within a reasonable time after entry of the default judgment. [If applicable in the Justice of the Peace Court: this motion is filed within the deadline set by Justice of the Peace Court Civil Rule 60(c) for this type of action.]

  4. VOID JUDGMENT [if applicable]. The judgment is void under Rule 60(b)(4) because Defendant was never properly served and the Court therefore lacked jurisdiction.

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], allow Defendant to file a responsive pleading, and grant such further relief as is just.

Dated: [DATE]

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

VERIFICATION

I, [DECLARANT NAME], declare under penalty of perjury that the facts stated in this motion are true and correct to the best of my knowledge.

[DECLARANT NAME]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this motion on Plaintiff or Plaintiff's attorney by [method of service] at [address], in accordance with the applicable Delaware court rules.

[NAME OF PERSON SERVING]

Delaware Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time in Superior Court

In Superior Court, Rule 60(b) requires the motion within a reasonable time. The rule text states no fixed one-year outer limit, so file as soon as you learn of the judgment and confirm the timing standard for your court.

Watch the Justice of the Peace Court day counts

If the judgment was entered in the Justice of the Peace Court, Rule 60(c) sets hard deadlines: 15 days in debt, trespass, and replevin actions, 30 days if certified-mail service was returned unclaimed, and 10 days in summary possession actions. These short windows control most debt and eviction defaults.

Move under Rule 55(c) and Rule 60(b)

Superior Court Rule 55(c) directs that a default judgment be set aside in accordance with Rule 60(b). Cite both rules and identify the Rule 60(b) ground, such as mistake, inadvertence, surprise, or excusable neglect.

Show excusable neglect first

Excusable neglect is the threshold element of the Battaglia test. It means neglect that might have been the act of a reasonably prudent person under the circumstances. The court reaches the other elements only after you establish it, so explain clearly why you missed the response deadline.

State a meritorious defense

The Battaglia test requires a meritorious defense, one that could allow a different outcome if the case were heard on its merits. Describe the actual defense you would raise, for example that the debt was paid, the amount is wrong, or you are not the correct party.

Show no substantial prejudice

The third Battaglia element is that granting the motion will not substantially prejudice the plaintiff. Explain why reopening the case will not cause the plaintiff unfair harm, such as lost evidence or reliance, so the merits can be reached.

Check whether the judgment is void

If you were never properly served, the judgment may be void under Rule 60(b)(4). A void judgment is a distinct, non-discretionary path that does not depend on excusable neglect. The Superior Court rule sets no numeric deadline for it, so confirm the timing for your court.

File in the right court and complete a certificate of service

File the motion in the court that entered the judgment: Superior Court under Rule 55(c) and 60(b), or the Justice of the Peace Court under Rule 60(c). Serve the plaintiff or plaintiff's attorney and file a certificate of service showing how and when service was made.

Frequently Asked Questions

It is a request asking the Delaware 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 it can be decided on the merits. In Superior Court, Rule 55(c) routes the request to Rule 60(b), and the court applies the Battaglia test: excusable neglect, a meritorious defense, and no substantial prejudice.

An entry of default is the earlier record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. In Delaware Superior Court, Rule 55(c) does not set a separate standard for the judgment. It directs the court to Rule 60(b), so setting aside a default judgment means satisfying Rule 60(b) plus the Battaglia three-element test rather than a simple good-cause showing.

It depends on the court. In Superior Court, Rule 60(b) requires the motion within a reasonable time and the rule text states no fixed one-year outer limit, so confirm the timing standard for your court. In the Justice of the Peace Court, Rule 60(c) sets hard deadlines: 15 days in debt, trespass, and replevin actions, 30 days if certified-mail service was returned unclaimed, and 10 days in summary possession actions.

Delaware applies the three-element Battaglia test. You must show (1) excusable neglect in the conduct that allowed the default judgment, meaning neglect a reasonably prudent person might have committed; (2) a meritorious defense that could allow a different outcome if the case were heard on its merits; and (3) that the plaintiff will not suffer substantial prejudice if the motion is granted. Excusable neglect is the threshold the court considers first.

Often yes. If you were never properly served, the judgment may be void, and Rule 60(b)(4) lists a void judgment as a separate ground. A void judgment for defective service or lack of jurisdiction is a distinct, non-discretionary path that does not depend on the excusable-neglect showing. The Superior Court rule text sets no numeric deadline for a void judgment, so confirm the timing for your court.

Yes, under the Battaglia test a meritorious defense is one of the three required elements. It is a defense that could allow a different outcome if the matter were heard on its merits, not just an assertion that you disagree with the judgment. The court weighs it only after you first establish excusable neglect, so your motion should explain both the reason for the default and the defense you would raise.

You file in the court that entered the judgment. A Superior Court default judgment is set aside in Superior Court under Rule 55(c) and Rule 60(b). Most consumer debt and eviction defaults are entered in the Justice of the Peace Court, where Rule 60(c) applies with its short 15, 30, and 10 day deadlines. Confirm which court holds your case before you file.