DocDraft Logo

Kentucky Motion to Set Aside a Default Judgment

In Kentucky, CR 55.02 routes default relief into CR 60.02. File for excusable neglect within a reasonable time and no more than one year, or attack a void judgment on reasonable time alone.

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 fails to answer. Kentucky handles this differently from many states: it has no standalone set-aside standard of its own. Instead, Kentucky Civil Rule 55.02 provides that for good cause the court may set aside a default judgment in accordance with CR 60.02, so your request runs through its grounds and time limits. The most common ground is CR 60.02(a): mistake, inadvertence, surprise, or excusable neglect. On top of that routing, Kentucky case law layers a three-element good-cause test: a valid excuse for the default, a meritorious defense (a real defense you could win on), and the absence of prejudice. All three must be shown. The deadline depends on the ground. A motion under CR 60.02(a), (b), or (c) must be made within a reasonable time and no more than one year after the judgment, while a motion attacking the judgment as void under CR 60.02(e), often for defective service, is held to a reasonable time only. DocDraft drafts a Kentucky motion to set aside a default judgment from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    A default judgment is the judgment a court enters when a defendant does not respond in time. You ask the court to 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

    Kentucky has no separate set-aside standard. CR 55.02 provides that for good cause the court may set aside a default judgment in accordance with CR 60.02, so your request is governed by the grounds and time limits of CR 60.02.

  3. 3

    The most common ground is CR 60.02(a): mistake, inadvertence, surprise, or excusable neglect. This is the ground you use when you missed the deadline for a reason like not receiving the papers or a genuine oversight.

  4. 4

    Kentucky case law adds a three-element good-cause test for setting aside a default: a valid excuse for the default, a meritorious defense, and the absence of prejudice to the other party. Courts look for all three.

  5. 5

    The deadline depends on the ground. Under CR 60.02(a), (b), or (c) the motion must be made within a reasonable time and no more than one year after the judgment. Reasonable time is judged on your facts, so do not wait.

  6. 6

    If the judgment is void, most often because you were never properly served, you attack it under CR 60.02(e). That path is held to a reasonable time only, with no fixed one-year cap that applies to the excusable-neglect ground.

  7. 7

    A default set-aside motion is filed in the court where the judgment was entered, supported by a sworn statement of the facts. Whether a proposed answer must be attached is not settled by rule, so confirm your court's practice before you file.

Key decisions before you file

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

COMMONWEALTH OF KENTUCKY [COUNTY] CIRCUIT COURT [DIVISION, IF ANY]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

[Ky. CR 55.02; CR 60.02]

Comes the Defendant, [DEFENDANT NAME], and moves this Court under Kentucky Civil Rule 55.02, which provides that for good cause shown the court may set aside a default judgment in accordance with CR 60.02, to set aside the default judgment entered against Defendant on [DATE OF JUDGMENT]. In support, Defendant states as follows:

  1. GROUND. This motion is brought under CR 60.02(a) for mistake, inadvertence, surprise, or excusable neglect. Defendant failed to respond because [describe the mistake, inadvertence, surprise, or excusable neglect, for example the summons was never received or a genuine oversight].

  2. GOOD CAUSE. Under Kentucky's good-cause test, Defendant shows (a) a valid excuse for the default as described above; (b) a meritorious defense, namely [state the real defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]; and (c) that setting aside the judgment will not prejudice the Plaintiff.

  3. TIMELINESS. This motion is made within a reasonable time and no more than one year after the judgment was entered, as CR 60.02 requires for a motion under ground (a).

  4. [IF THE JUDGMENT IS VOID: Alternatively, the default judgment is void under CR 60.02(e) because Defendant was never properly served, and a motion to set aside a void judgment is held to a reasonable time only, with no one-year limit.]

  5. VERIFICATION. The facts stated in this motion are supported by the sworn statement of [DECLARANT NAME], attached and incorporated by reference.

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit Defendant to defend the case on the merits, and grant such other relief as is just and proper.

Respectfully submitted,

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

VERIFICATION

I, [DECLARANT NAME], state under penalty of perjury that the facts set out above are true and correct to the best of my knowledge. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, or the defective service, and the date you learned of the judgment.]

[DECLARANT NAME] Date: [DATE]

CERTIFICATE OF SERVICE

I certify that a true copy of this motion was served on the following parties on [DATE] by [method of service]: [names and addresses].

[NAME OF PERSON SERVING]

[Confirm your court's caption format, filing method, and any local rules before filing. Whether a tendered proposed answer must accompany the motion is not settled by rule, so check your court's practice.]

Kentucky Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time and no more than one year for excusable neglect

Because CR 55.02 routes relief into CR 60.02, a motion under ground (a) for mistake, inadvertence, surprise, or excusable neglect, and under grounds (b) and (c), must be made within a reasonable time and no more than one year after the judgment. Do not wait, because reasonable time is judged on your facts.

Use the reasonable-time-only path for a void judgment

If the judgment is void, most often for defective service, you attack it under CR 60.02(e). That path is held to a reasonable time only and is not subject to the one-year cap that applies to the excusable-neglect ground.

State the CR 60.02(a) ground and the facts

Identify the ground under CR 60.02(a), mistake, inadvertence, surprise, or excusable neglect, and explain the facts that caused you to miss the deadline. This is the ground the routing rule CR 55.02 sends you to for an ordinary default.

Meet the three-element good-cause test

Kentucky case law requires a valid excuse for the default, a meritorious defense, and the absence of prejudice to the other party. Address all three in the motion, because courts generally expect each to be present before setting a default judgment aside.

Show a meritorious defense

Describe a real defense you would raise if the case reopens, such as the debt was paid, the amount is wrong, or you are not the correct party. The rule text does not clearly require an attached proposed answer, so confirm your court's practice on whether to tender one.

Check whether the judgment is void for improper service

If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. A void judgment is set aside under CR 60.02(e) on a reasonable-time basis, without the one-year cap that limits the excusable-neglect ground.

Support the motion with a sworn statement

Back the motion with a sworn statement of the facts of the mistake or excusable neglect, or the defective service, and the date you learned of the judgment. Use the case caption exactly as it appears in the court record.

File in the court that entered the judgment and serve the parties

File the motion in the same Kentucky court that entered the default judgment, serve it on the other parties, and include a certificate of service. Confirm your court's filing method and any local rules before you submit.

Frequently Asked Questions

It is a request asking the Kentucky court that entered the judgment 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. Under CR 55.02 the court may set aside a default for good cause in accordance with CR 60.02.

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. Setting aside an early default is generally easier. Once a default judgment is entered in Kentucky, CR 55.02 routes your request into CR 60.02, so you must show a CR 60.02 ground such as excusable neglect and meet its time limits.

It depends on the ground under CR 60.02. For mistake, inadvertence, surprise, or excusable neglect under CR 60.02(a), and for grounds (b) and (c), the motion must be made within a reasonable time and no more than one year after the judgment. A motion attacking the judgment as void under CR 60.02(e) is held to a reasonable time only, with no one-year cap.

Because CR 55.02 routes the request into CR 60.02, the common ground is CR 60.02(a): mistake, inadvertence, surprise, or excusable neglect. Kentucky case law also applies a three-element good-cause test: a valid excuse for the default, a meritorious defense, and the absence of prejudice to the other party. Courts generally expect all three to be present before setting the judgment aside.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void, meaning it has no legal effect. In Kentucky a void judgment is attacked under CR 60.02(e). That path is held to a reasonable time only and is not subject to the one-year cap that applies to the excusable-neglect ground under CR 60.02(a).

The rule text does not clearly require a proposed answer to accompany the motion. But Kentucky's good-cause test requires you to show a meritorious defense, so you must be able to describe a real defense you would raise if the case reopens. Practice on attaching a tendered answer can vary, so confirm what your court expects before you file.

You file it in the same Kentucky court that entered the default judgment, using the case caption from the court record. Support the motion with a sworn statement of the facts of the excusable neglect or the defective service, and serve the motion on the other parties. Confirm your court's filing method and any local rules before you submit.