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Maryland Motion to Set Aside a Default Judgment

Maryland uses a two-stage default. Vacate an order of default within 30 days under Rule 2-613; after the judgment is enrolled, revise only under Rule 2-535(b) for fraud, mistake, or irregularity.

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. Maryland runs this in two stages, which is what makes it different from most states. First the court enters an order of default under Maryland Rule 2-613(b). While that order stands, and within 30 days after it is entered, you may move to vacate it under Rule 2-613(d). Your motion must state the reasons you failed to plead and the legal and factual basis for your defense to the claim, which is Maryland's version of showing a meritorious defense (a real defense the court could rule on if the case reopens). Under Rule 2-613(e) the court vacates the order only if it finds a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead. If no timely motion is filed, the court enters a default judgment. Once that judgment is enrolled, 30 days after its entry, your options narrow sharply: revision is available only under Rule 2-535(b) and Courts and Judicial Proceedings section 6-408, for fraud, mistake, or irregularity, and those grounds are narrowly defined and strictly applied. DocDraft drafts a Maryland 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 in time. In Maryland you undo it by acting within a two-stage process, so the case can be reopened and decided on the merits.

  2. 2

    Maryland's process has two stages. First the court enters an order of default under Rule 2-613(b). If nobody vacates it, the court later enters a default judgment under Rule 2-613(f). The stage you are in controls which rule and deadline apply.

  3. 3

    To vacate the order of default you have 30 calendar days after its entry to file a motion under Rule 2-613(d). This is a hard outer window, so file as soon as you can rather than waiting.

  4. 4

    The motion under Rule 2-613(d) must state the reasons you failed to plead and the legal and factual basis for your defense to the claim. This is the meritorious-defense showing Maryland requires.

  5. 5

    Under Rule 2-613(e) the court vacates the order of default only if it finds a substantial and sufficient basis for an actual controversy as to the merits and that it is equitable to excuse the failure to plead. Both parts must be met.

  6. 6

    After the default judgment is entered and enrolled, 30 days after its entry, revision is available only under Rule 2-535(b) and Courts and Judicial Proceedings section 6-408, for fraud, mistake, or irregularity. Such a motion may be filed at any time, but these grounds are narrowly defined and strictly applied.

  7. 7

    You file in the Maryland trial court where the case is pending, the District Court of Maryland or the Circuit Court for the county. Confirm your court's filing method and any local form requirement before you file.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Maryland, 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 MARYLAND FOR / CIRCUIT COURT FOR] [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO VACATE ORDER OF DEFAULT [Md. Rule 2-613(d)]

TO THE HONORABLE COURT:

Defendant [DEFENDANT NAME] moves this Court to vacate the order of default entered on [DATE OF ORDER OF DEFAULT], and in support states as follows:

  1. On [DATE], the Court entered an order of default against Defendant under Maryland Rule 2-613(b).

  2. This motion is filed within 30 days after entry of the order of default, as required by Maryland Rule 2-613(d).

REASONS FOR FAILURE TO PLEAD

  1. Defendant failed to file a timely response because [state plainly the reasons for the failure to plead, for example the defendant did not receive the summons and complaint, was hospitalized, or reasonably believed the matter was resolved].

LEGAL AND FACTUAL BASIS FOR THE DEFENSE

  1. Defendant has a meritorious defense to the claim. The legal and factual basis for that defense is: [state the defense, for example the debt was paid, the amount claimed is incorrect, the statute of limitations has run, or Defendant is not the correct party].

  2. There is a substantial and sufficient basis for an actual controversy as to the merits of the action, and it is equitable to excuse Defendant's failure to plead, as required by Maryland Rule 2-613(e).

[IF THE JUDGMENT IS ALREADY ENROLLED, USE THE FOLLOWING INSTEAD OF PARAGRAPHS 1 THROUGH 5:

A. A default judgment was entered against Defendant on [DATE] and is now enrolled.

B. Under Maryland Rule 2-535(b) and Maryland Code, Courts and Judicial Proceedings section 6-408, the Court may exercise revisory power over an enrolled judgment in case of fraud, mistake, or irregularity. The fraud, mistake, or irregularity here is: [state the specific ground].

C. Defendant acted with ordinary diligence and in good faith and has a meritorious defense to the claim, as set out above.]

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court vacate the order of default entered on [DATE] (or, if applicable, exercise its revisory power over the enrolled judgment), permit Defendant to file a response to the complaint, and grant such other relief as the Court deems just.

Respectfully submitted,

[DEFENDANT OR ATTORNEY NAME] [Address] [Telephone] [Email] Defendant, self-represented / Attorney for Defendant

Date: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE] a copy of the foregoing Motion to Vacate Order of Default was served on [PLAINTIFF OR PLAINTIFF'S ATTORNEY NAME AND ADDRESS] by [method of service permitted under the Maryland Rules].

[NAME]

[Confirm your court's filing method and local formatting or form requirements before filing.]

Maryland Requirements for Motion to Set Aside a Default Judgment

Vacate the order of default within 30 days

Under Maryland Rule 2-613(d) you must move to vacate the order of default within 30 calendar days after it is entered. This is a hard outer window, so file as soon as you can rather than waiting for the deadline.

Know which stage you are in

Maryland's process has two stages: an order of default under Rule 2-613(b), then a later default judgment under Rule 2-613(f). The stage you are in decides whether you file under Rule 2-613(d) or, after enrollment, under Rule 2-535(b).

State the reasons for your failure to plead

Rule 2-613(d) requires the motion to state the reasons you failed to file a timely response. Explain the facts plainly so the court can weigh whether it is equitable to excuse the failure under Rule 2-613(e).

State the legal and factual basis for your defense

Rule 2-613(d) requires you to state the legal and factual basis for your defense to the claim. This is Maryland's meritorious-defense showing. Under Rule 2-613(e) the court must find a substantial and sufficient basis for an actual controversy as to the merits.

Meet the Rule 2-535(b) standard if the judgment is enrolled

Once the default judgment is enrolled, 30 days after entry, revision is available only under Rule 2-535(b) and Courts and Judicial Proceedings section 6-408 for fraud, mistake, or irregularity. A motion on those grounds may be filed at any time but is strictly applied.

Confirm whether a proposed answer is expected

Rule 2-613(d) requires the motion to state your reasons and your defense; it does not expressly require attaching a separate proposed answer. Practice can vary, so confirm your court's local requirements before filing.

Use the correct Maryland court caption

Caption the motion for the Maryland trial court where the case is pending, either the District Court of Maryland or the Circuit Court for the county, using the case caption exactly as it appears in the court record.

File and complete the certificate of service

File in the Maryland trial court handling the case, serve the motion on the plaintiff or plaintiff's attorney, and include a certificate of service. Confirm your court's filing method, including any e-filing requirement, before you file.

Frequently Asked Questions

It is a request asking a Maryland court to undo a default, the result entered against a defendant who did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. Maryland handles it in two stages. Within 30 days of an order of default you move to vacate under Rule 2-613(d); after a default judgment is enrolled you must use Rule 2-535(b).

In Maryland an order of default under Rule 2-613(b) comes first. You can move to vacate that order within 30 days under Rule 2-613(d) by stating your reasons for not pleading and your defense. If no one vacates it, the court enters a default judgment. Once that judgment is enrolled, 30 days after entry, revision is limited to fraud, mistake, or irregularity under Rule 2-535(b).

To vacate the order of default, you must file within 30 calendar days after its entry under Rule 2-613(d). After a default judgment is entered, the court has broad power to revise it for the first 30 days. Once the judgment is enrolled at 30 days, a motion under Rule 2-535(b) for fraud, mistake, or irregularity may be filed at any time, but those grounds are strictly applied.

Under Rule 2-613(d) your motion must state the reasons you failed to plead and the legal and factual basis for your defense to the claim. Under Rule 2-613(e) the court vacates the order only if it finds a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse your failure to plead. Both findings are required.

Only on narrow grounds. Once a judgment is enrolled, 30 days after entry, the court's revisory power survives under Rule 2-535(b) and Courts and Judicial Proceedings section 6-408 for fraud, mistake, or irregularity. A motion on those grounds may be filed at any time. Maryland courts define fraud, mistake, and irregularity narrowly and apply them strictly, and generally expect a showing of diligence, good faith, and a meritorious defense.

Rule 2-613(d) requires your motion to state the reasons for your failure to plead and the legal and factual basis for your defense to the claim. The rule text does not expressly require you to attach a separate proposed answer. Practice can vary by court, so confirm your court's local requirements before you file to be sure your motion includes everything the court expects.

You file it in the Maryland trial court where the case is pending, which is the District Court of Maryland or the Circuit Court for the county handling the case. File under the case caption exactly as it appears in the court record. Confirm your court's filing method, including any e-filing requirement, and check whether a specific local form is required before you file.