Indiana Motion to Set Aside a Default Judgment
Set aside an Indiana default judgment under Trial Rule 55(C) and 60(B). File within a reasonable time, and no more than one year for mistake, surprise, or excusable neglect.
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 Indiana, Trial Rule 55(C) does not create its own test. It routes any set-aside of a default judgment through Trial Rule 60(B), which lets the court relieve a party from a judgment, including a judgment by default, for reasons such as mistake, surprise, or excusable neglect. Indiana packs two deadline tracks into one rule. For mistake, surprise, or excusable neglect and the other reasons (1) through (4), you must file within a reasonable time and not more than one year after the judgment was entered. For a void judgment and the other reasons in the (5) through (8) group, you file within a reasonable time only, with no fixed one-year cap. Indiana also does something many states leave to case law: the rule text itself requires a movant proceeding under reasons (1), (2), (3), (4), or (8) to allege a meritorious claim or defense in the motion. A void judgment, meaning one the court had no power to enter, most often arises when you were never properly served. DocDraft drafts an Indiana motion to set aside a default judgment from your facts, with attorney review available before you file.
Key Things to Know
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A default judgment is the judgment entered when a defendant does not respond in time. In Indiana you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by your missed deadline.
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Indiana Trial Rule 55(C) does not set its own standard. It routes a set-aside of a default judgment to Trial Rule 60(B), so the grounds and procedure for undoing the judgment come from Rule 60(B).
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The main grounds under Trial Rule 60(B)(1) are mistake, surprise, or excusable neglect. The court may relieve a party from a judgment, including a judgment by default, on these grounds.
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Indiana runs two deadline tracks in one rule. For mistake, surprise, or excusable neglect and reasons (1) through (4), you must file within a reasonable time and not more than one year after the judgment was entered.
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For a void judgment and the reasons in the (5) through (8) group, you file within a reasonable time only. There is no one-year outer cap on those grounds.
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The rule text requires a meritorious defense. A movant filing under reasons (1), (2), (3), (4), or (8) must allege a meritorious claim or defense in the motion itself, which is a rule-mandated element, not just case-law gloss.
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You file the motion in the trial court where the case is pending, the court named in the case caption. Confirm your court's local filing and service requirements before you file.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Indiana, 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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Indiana Requirements for Motion to Set Aside a Default Judgment
Under Trial Rule 60(B), a motion based on mistake, surprise, or excusable neglect and reasons (1) through (4) must be filed within a reasonable time and not more than one year after the judgment was entered. Do not wait to the outer limit; file as soon as you can.
For a void judgment and the reasons in the (5) through (8) group, Trial Rule 60(B) requires filing within a reasonable time only, with no one-year cap. The deadline runs from when the judgment was entered.
Trial Rule 55(C) routes a set-aside of a default judgment to Trial Rule 60(B) and does not create its own standard. Your motion should cite both, taking the grounds and procedure from Rule 60(B).
Identify which Trial Rule 60(B) ground applies and explain the facts. Under Rule 60(B)(1) the court may relieve a party from a judgment, including a judgment by default, for mistake, surprise, or excusable neglect.
Trial Rule 60(B) requires a movant filing under reasons (1), (2), (3), (4), or (8) to allege a meritorious claim or defense in the motion. This is a rule-mandated element, so state the defense you would raise if the case is reopened.
If you were never properly served, the court may have lacked power to enter the judgment, which can make it void under Trial Rule 60(B)(6). That ground falls in the reasonable-time track and is not subject to the one-year limit.
Set out the facts of the mistake, surprise, or excusable neglect and when you learned of the judgment. Affirm the representations under the penalties for perjury, and use the case caption exactly as it appears in the court record.
File in the Indiana trial court where the case is pending, the court named in the case caption, serve the motion on the other parties, and file a certificate of service. Confirm your court's local filing and service requirements before you file.
Frequently Asked Questions
It is a request asking the Indiana 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 it can be decided on the merits. In Indiana, Trial Rule 55(C) routes the request to Trial Rule 60(B), so you must show one of the Rule 60(B) grounds such as mistake, surprise, or excusable neglect.
An entry of default records that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Indiana handles the judgment through Trial Rule 55(C), which points to Trial Rule 60(B). To undo the default judgment you must show a Rule 60(B) ground such as mistake, surprise, or excusable neglect, file within the applicable deadline, and, for those grounds, allege a meritorious claim or defense.
Indiana Trial Rule 60(B) uses two tracks. For mistake, surprise, or excusable neglect and reasons (1) through (4), you must file within a reasonable time and not more than one year after the judgment was entered. For a void judgment and the reasons in the (5) through (8) group, you file within a reasonable time only, with no one-year cap. The time runs from when the judgment was entered.
Under Trial Rule 60(B)(1) the main grounds are mistake, surprise, or excusable neglect. The rule lets the court relieve a party from a judgment, including a judgment by default, on these grounds. When proceeding under reasons (1), (2), (3), (4), or (8), the rule text also requires you to allege a meritorious claim or defense in the motion, so the court can see the defense you would raise if the case is reopened.
Often yes. If you were never properly served, the court may have lacked power to enter the judgment, which can make the judgment void. A void judgment is ground (6) under Trial Rule 60(B), which falls in the reasons (5) through (8) track. That track must be filed within a reasonable time and is not subject to the one-year limit that applies to excusable-neglect motions.
For most grounds, yes. Trial Rule 60(B) states that a movant filing under reasons (1), (2), (3), (4), or (8) must allege a meritorious claim or defense. This is written into the rule, not just case law. The void-judgment path under ground (6) is treated differently, because the rule limits the meritorious-defense requirement to reasons (1), (2), (3), (4), and (8).
You file it in the Indiana trial court where the case is pending, the court named in the case caption. The motion cites Trial Rule 55(C) and Trial Rule 60(B), states the ground and, for reasons (1) through (4) or (8), the meritorious defense, and includes a certificate of service on the other parties. Confirm your court's local filing and service requirements before you file.