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.
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Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.