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Kansas Motion to Set Aside a Default Judgment

Set aside a Kansas default judgment under K.S.A. 60-255(b), which routes to 60-260(b). File within a reasonable time, with a one-year cap for 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 Kansas the default-judgment statute is K.S.A. 60-255(b), but it carries no standard of its own. It routes the set-aside question to K.S.A. 60-260(b), which lets the court relieve you from a final judgment for mistake, inadvertence, surprise, or excusable neglect, because the judgment is void, or for any other reason that justifies relief. A motion under 60-260(b) must be made within a reasonable time, and for excusable neglect, newly discovered evidence, or fraud (grounds (b)(1), (2), and (3)) no more than one year after the judgment was entered. On top of the statute, Kansas courts apply a three-element test from State ex rel. Stovall v. Alivio: the other side will not be prejudiced by reopening, you have a meritorious defense (a real defense worth trying), and the default did not result from your inexcusable neglect or a willful act. If the judgment is void because you were never properly served, ground (b)(4) has no one-year cap. K.S.A. 60-255(b) also cross-references K.S.A. 60-309, a separate two-year window when the default was entered on service by publication. DocDraft drafts a Kansas 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 the lawsuit in time. In Kansas you undo it with a motion to set aside, which reopens the case so it can be decided on the merits.

  2. 2

    Kansas uses a two-statute structure. K.S.A. 60-255(b) is the default-judgment provision, but it has no standalone standard. It routes the set-aside question to K.S.A. 60-260(b), and separately to K.S.A. 60-309 when service was by publication.

  3. 3

    The grounds come from K.S.A. 60-260(b): mistake, inadvertence, surprise, or excusable neglect (ground (b)(1)), that the judgment is void (ground (b)(4)), or any other reason that justifies relief (ground (b)(6)).

  4. 4

    The deadline is a reasonable time. For excusable neglect, newly discovered evidence, or fraud (grounds (b)(1), (2), and (3)), the motion must be filed no more than one year after the judgment was entered. That one year is an outer limit, not a grace period.

  5. 5

    Kansas courts apply a three-element test from State ex rel. Stovall v. Alivio: the other side is not prejudiced by reopening, you have a meritorious defense, and the default was not from your inexcusable neglect or a willful act. This test is judge-made and is not written into the statute.

  6. 6

    If the judgment is void, most often because you were never properly served, it falls under ground (b)(4), which is not subject to the one-year cap. Kansas treats a default entered before the answer time runs as void.

  7. 7

    A separate two-year window under K.S.A. 60-309 applies only when the default judgment was entered on service by publication in a newspaper. In that situation you may move within two years after entry to be allowed to defend.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Kansas, 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 DISTRICT COURT OF [COUNTY] COUNTY, KANSAS

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

[K.S.A. 60-255(b); K.S.A. 60-260(b)]

COMES NOW Defendant [DEFENDANT NAME] and moves this Court, under K.S.A. 60-255(b) and K.S.A. 60-260(b), for an order setting aside the default judgment entered against Defendant on [DATE OF JUDGMENT]. In support, Defendant states:

  1. GROUNDS. Relief is sought under K.S.A. 60-260(b) on the ground of [select: (b)(1) mistake, inadvertence, surprise, or excusable neglect; (b)(4) the judgment is void; or (b)(6) any other reason that justifies relief]. The default occurred because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond].

  2. TIMELINESS. This motion is made within a reasonable time. To the extent it is based on excusable neglect under (b)(1), it is filed no more than one year after entry of the judgment, as K.S.A. 60-260(b) requires.

  3. THREE-ELEMENT SHOWING. Under State ex rel. Stovall v. Alivio: (a) Plaintiff will not be prejudiced by reopening the case; (b) Defendant has a meritorious defense, namely [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]; and (c) the default was not the result of inexcusable neglect or a willful act.

  4. VOID JUDGMENT (if applicable). The judgment is void under K.S.A. 60-260(b)(4) because Defendant was never properly served or the judgment was entered before the statutory answer time expired. Relief on this ground is not subject to the one-year limit.

  5. SERVICE BY PUBLICATION (if applicable). The judgment was entered on service by publication, and this motion is brought within two years after entry under K.S.A. 60-309, seeking leave to defend.

AFFIDAVIT IN SUPPORT

I, [DECLARANT NAME], being first duly sworn, state that the foregoing facts are true and correct to the best of my knowledge, including the circumstances of the default, when I learned of the judgment, and the meritorious defense described above.

[DECLARANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public

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

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant Pro Se

CERTIFICATE OF SERVICE

I certify that on [DATE] a true and correct copy of the foregoing motion was served on Plaintiff or Plaintiff's counsel by [method of service], in accordance with Kansas law.

[NAME OF PERSON SERVING]

[Check your district court's local rules for hearing, formatting, and e-filing requirements.]

Kansas Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, one year for excusable neglect

Under K.S.A. 60-260(b) the motion must be made within a reasonable time. For excusable neglect, newly discovered evidence, or fraud (grounds (b)(1), (2), and (3)), it must be filed no more than one year after the judgment was entered. That one year is an outer limit, not a grace period.

Use the two-year window if service was by publication

K.S.A. 60-255(b) cross-references K.S.A. 60-309. When the default judgment was entered on service by publication in a newspaper, you may move within two years after entry to set it aside and be allowed to defend.

State a ground under K.S.A. 60-260(b)

K.S.A. 60-255(b) has no standard of its own and routes to K.S.A. 60-260(b). Identify which ground applies: (b)(1) mistake, inadvertence, surprise, or excusable neglect; (b)(4) the judgment is void; or (b)(6) any other reason that justifies relief.

Meet the Stovall three-element test

Kansas courts apply a three-element test from State ex rel. Stovall v. Alivio: the other side will not be prejudiced by reopening, you have a meritorious defense, and the default was not from inexcusable neglect or a willful act. This test is judge-made and is not in the statute.

Check whether the judgment is void

If you were never properly served, the judgment may be void under K.S.A. 60-260(b)(4), which is not subject to the one-year cap. Kansas treats a default judgment entered before the statutory answer time runs as void.

Show your meritorious defense

The Stovall test requires a meritorious defense, a real defense you would raise if the case reopens. The reviewed statutes do not state that a proposed answer must be attached, so confirm your court's local practice, but describe the defense in your motion and affidavit.

Support the motion with a sworn affidavit

Support the motion with an affidavit stating the facts of the mistake or excusable neglect, when you learned of the judgment, and your meritorious defense. Include the case caption exactly as it appears in the court record.

File in the district court and complete a certificate of service

File in the Kansas district court for the county where the case is pending, under the original case number, serve the motion on the plaintiff or plaintiff's counsel, and file a certificate of service. Check your district court's local rules for filing and e-filing requirements.

Frequently Asked Questions

It is a request asking a Kansas 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. Under K.S.A. 60-255(b) the standard comes from K.S.A. 60-260(b), which allows relief for mistake, inadvertence, surprise, or excusable neglect, or because the judgment is void.

An entry of default is the clerk's 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, K.S.A. 60-255(b) routes you to K.S.A. 60-260(b), so you must show a ground such as excusable neglect and act within a reasonable time, with a one-year cap for that ground.

Under K.S.A. 60-260(b) the motion must be made within a reasonable time. For excusable neglect, newly discovered evidence, or fraud (grounds (b)(1), (2), and (3)), it must be filed no more than one year after the judgment was entered. Grounds like a void judgment (b)(4) are governed only by the reasonable-time requirement, with no fixed one-year cap.

Beyond a statutory ground under K.S.A. 60-260(b), Kansas courts apply a three-element test from State ex rel. Stovall v. Alivio: the nondefaulting party will not be prejudiced by reopening, the defaulting party has a meritorious defense, and the default was not the result of inexcusable neglect or a willful act. This test is judge-made and does not appear in the statutory text.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. A void judgment falls under K.S.A. 60-260(b)(4), which is not subject to the one-year cap that applies to excusable-neglect motions. Kansas treats a default judgment entered before the statutory answer time runs as void, so a motion to set it aside on that basis can be brought later.

In practice yes. The three-element test from State ex rel. Stovall v. Alivio requires you to show a meritorious defense, meaning a real defense you would raise if the case is reopened. The reviewed Kansas statutes do not state that a proposed answer must be physically attached, so confirm your court's local practice, but you should be ready to describe the defense in your motion and supporting affidavit.

You file it in the Kansas district court for the county where the case is pending, under the same case number as the original action. The motion is supported by an affidavit stating the facts of the mistake or excusable neglect and your meritorious defense. Check your district court's local rules for hearing and filing requirements, including whether e-filing applies.