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Iowa Motion to Set Aside a Default Judgment

Set aside an Iowa default judgment under Rule 1.977 for mistake, excusable neglect, or unavoidable casualty. File promptly and no more than 60 days after entry.

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 you can reopen the case and defend it on the merits. In Iowa the main path is Iowa Rule of Civil Procedure 1.977, which lets the court set aside a default or the judgment on it for mistake, inadvertence, surprise, excusable neglect, or the distinctive Iowa ground of unavoidable casualty, on a showing of good cause. The deadline is short and has two parts. Your motion must be filed promptly after you discover the grounds, and in no case more than 60 days after entry of the judgment. That 60 days runs from entry, not from when you learned about it, so act quickly. The rule bars ex parte relief, so the other side gets notice and a chance to respond. Iowa does not offer a pure no-time-limit set-aside for a void judgment the way some states do. When the problem is fraud, irregularity, or an unavoidable casualty that kept you from defending, the separate relief route is a petition to vacate under Rules 1.1012 and 1.1013, which carries a fixed one-year limit and its own meritorious-defense requirement. DocDraft drafts an Iowa 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 to a lawsuit in time. In Iowa you undo it with a motion to set aside under Iowa Rule of Civil Procedure 1.977, which reopens the case so it can be decided on the merits.

  2. 2

    The controlling rule is Iowa Rule of Civil Procedure 1.977. On motion and for good cause shown, and on such terms as the court prescribes, the court may set aside a default or the judgment on it. Relief cannot be granted ex parte, so the other side receives notice.

  3. 3

    Rule 1.977 lists five grounds: mistake, inadvertence, surprise, excusable neglect, and unavoidable casualty. Unavoidable casualty is distinctive Iowa language and covers events beyond your control that prevented a timely response. You must connect your facts to one of these grounds.

  4. 4

    The deadline has two parts. The motion must be filed promptly after you discover the grounds, and in no case more than 60 days after entry of the judgment. The 60 days is a hard outer cap measured from entry, so file as soon as you can.

  5. 5

    Rule 1.977 conditions relief on good cause shown plus one of the five grounds. The rule text does not require you to attach a proposed answer or separately prove a meritorious defense, though presenting the defense you would raise helps show good cause.

  6. 6

    Iowa has no pure no-time-limit set-aside for a void judgment. When the ground is fraud or irregularity in obtaining the judgment, or an unavoidable casualty that prevented you from defending, the separate route is a petition to vacate under Rules 1.1012 and 1.1013, filed within one year of entry and alleging a meritorious defense.

  7. 7

    You file the motion in the Iowa District Court for the county where the case is pending, under the same case caption and number. Filing the motion does not by itself affect the finality of the judgment, so serve the other side and let the court rule before treating the judgment as gone.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Iowa, 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

Customize your Motion to Set Aside a Default Judgment Template with DocDraft

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT AND SUPPORTING AFFIDAVIT

[Iowa R. Civ. P. 1.977]

COMES NOW Defendant [DEFENDANT NAME] and, pursuant to Iowa Rule of Civil Procedure 1.977, respectfully moves the Court to set aside the default and the judgment entered on [DATE OF JUDGMENT], and in support states:

  1. On [DATE], a default judgment was entered against Defendant because Defendant did not respond to the petition in time.

  2. Good cause exists to set aside the judgment. The failure to respond was the result of [describe the mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty that caused the failure to respond].

  3. [If applicable: The failure was caused by an unavoidable casualty, namely [describe the event beyond Defendant's control], which prevented a timely response.]

  4. This motion is timely. It is filed promptly after Defendant discovered the grounds stated above, and not more than 60 days after entry of the judgment, as Rule 1.977 requires.

  5. Defendant has a defense to this action. If the case is reopened, Defendant would show that [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party].

  6. This motion is not made ex parte. Notice is being given to Plaintiff, who may respond as provided by the rules.

WHEREFORE, Defendant respectfully requests that the Court set aside the default and the judgment entered on [DATE OF JUDGMENT], permit Defendant to file a responsive pleading, and grant such other relief as the Court deems just.

AFFIDAVIT IN SUPPORT

I, [DEFENDANT NAME], being first duly sworn, state that the facts set out above are true and correct to the best of my knowledge, including the facts of the mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty that caused the failure to respond and the date I learned of the judgment.

[DEFENDANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public

Dated: [DATE]

[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 this motion and supporting affidavit on Plaintiff or Plaintiff's attorney of record by [method of service], in accordance with the Iowa Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Confirm your county's filing and service requirements and any electronic-filing rules before you file.]

Iowa Requirements for Motion to Set Aside a Default Judgment

File promptly and within 60 days of the judgment

Under Iowa Rule of Civil Procedure 1.977 the motion must be filed promptly after you discover the grounds, and in no case more than 60 days after entry of the judgment. The 60 days runs from entry, so it is a firm outer cap. File as soon as you can.

Know the one-year petition-to-vacate alternative

If you are past the 60-day window, or the ground is fraud or irregularity in obtaining the judgment, the separate route is a petition to vacate under Iowa Rules 1.1012 and 1.1013, filed and served in the original action within one year after entry.

State the ground: mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty

Identify which of the five Rule 1.977 grounds applies and explain the facts. Unavoidable casualty is distinctive Iowa language for an event beyond your control that prevented a timely response. Tie your facts to a specific ground.

Show good cause

Rule 1.977 conditions relief on good cause shown, on such terms as the court prescribes. Explain plainly why the default happened and why the court should reopen the case, and describe the defense you would raise to support good cause.

Confirm any proposed-answer or meritorious-defense requirement

Rule 1.977 does not by its text require an attached proposed answer or a separate meritorious-defense showing, but presenting your defense helps show good cause. The separate Rule 1.1013 petition to vacate does require alleging a meritorious defense. Confirm your court's requirements.

Prepare a supporting affidavit

Support the motion with a sworn affidavit stating the facts of the mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty and when you learned of the judgment. Use the same case caption and number as the original case.

Do not seek relief ex parte

Rule 1.977 bars setting aside a default or judgment ex parte. Give notice to the other side so they can respond. Filing the motion does not by itself affect the finality of the judgment until the court rules.

File in the district court and complete a certificate of service

File in the Iowa District Court for the county where the case is pending, serve the motion and supporting affidavit on the other side, and file a certificate of service. Confirm your county's electronic-filing rules before you file.

Frequently Asked Questions

It is a request asking the Iowa District 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 basis is Iowa Rule of Civil Procedure 1.977, which lets the court set aside a default on good cause for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty.

A 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. Iowa Rule of Civil Procedure 1.977 lets the court set aside either a default or the judgment on it for good cause. Once a judgment is entered, the same 60-day outer deadline and good-cause standard apply, and the relief cannot be granted ex parte.

Under Iowa Rule of Civil Procedure 1.977 the motion must be filed promptly after you discover the grounds, and in no case more than 60 days after entry of the judgment. The 60 days runs from entry, not from when you learned of the judgment, so it is a firm outer cap. If you are outside that window, the separate petition to vacate under Rules 1.1012 and 1.1013 must be filed within one year of entry.

Iowa Rule of Civil Procedure 1.977 allows relief for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty, on a showing of good cause. Unavoidable casualty is distinctive Iowa language covering events beyond your control that prevented a timely response. You must tie your facts to one of these five grounds and show good cause for the court to grant the motion.

Iowa does not provide a pure no-time-limit set-aside for a void judgment. When the problem is fraud or irregularity in obtaining the judgment, or an unavoidable casualty that prevented you from defending, the route is a petition to vacate under Iowa Rules of Civil Procedure 1.1012 and 1.1013. That petition must be filed and served in the original action within one year after entry and must allege a meritorious defense.

Rule 1.977 does not by its text require you to attach a proposed answer or separately prove a meritorious defense; it conditions relief on good cause shown plus one of the five grounds. Presenting the defense you would raise still helps establish good cause. By contrast, the separate Rule 1.1013 petition to vacate does expressly require alleging a meritorious action or defense. Confirm your court's requirements before you file.

You file it in the Iowa District Court for the county where the action is pending, under the same case caption and number as the original case. Because relief cannot be granted ex parte, you must give notice to the other side so they can respond. Filing the motion does not by itself affect the finality of the judgment until the court rules.