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Massachusetts Motion to Set Aside a Default Judgment

Set aside a Massachusetts default judgment under Rule 60(b): file within a reasonable time, and within one year for excusable neglect. Void-service defaults have no fixed deadline.

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. Massachusetts runs a two-track structure that turns on whether a judgment has entered yet. Before any judgment enters, a bare entry of default (the clerk's record that you missed your deadline) is removed under Mass. R. Civ. P. 55(c) for 'good cause shown,' with no fixed deadline. Once a default judgment has entered, Rule 55(c) routes you to Mass. R. Civ. P. 60(b), which lets the court relieve you from a final judgment for reasons including mistake, surprise, or excusable neglect, or because the judgment is void. The motion must be made within a reasonable time, and for excusable neglect within one year of entry at the outside. Massachusetts does not decide these motions on a bare excusable-neglect clause. Under Berube v. McKesson Wine & Spirits Co., the judge weighs six factors, including how promptly you acted and whether you show a meritorious defense (a real defense, not a bare denial) by affidavit. If the judgment is void because you were never properly served, there is no fixed one-year cap. DocDraft drafts a Massachusetts 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 Massachusetts you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than lost by default.

  2. 2

    Massachusetts uses two tracks. A bare entry of default, before any judgment, is set aside under Mass. R. Civ. P. 55(c) for 'good cause shown' with no fixed deadline. Once a default judgment has entered, Rule 55(c) routes you to Mass. R. Civ. P. 60(b).

  3. 3

    Under Rule 60(b) the grounds include mistake, inadvertence, surprise, or excusable neglect, newly discovered evidence, fraud or misconduct by the other party, that the judgment is void, or any other reason justifying relief.

  4. 4

    The deadline has two parts. The motion must be made within a reasonable time, and for excusable neglect (and for newly discovered evidence or fraud) not more than one year after the judgment was entered. The one year is an absolute outer bound that cannot be extended.

  5. 5

    Massachusetts does not decide these motions on a bare excusable-neglect clause. Under Berube v. McKesson Wine & Spirits Co., the judge weighs six factors: how promptly you acted, whether you show a meritorious defense, whether the neglect came before trial, whether it was a consciously chosen course of conduct, prejudice to the other side, and whether the error is chargeable to counsel rather than the party.

  6. 6

    You show the meritorious defense (Berube factor two) by affidavit or otherwise apparent on the record, not by a conclusory say-so. In practice the motion is supported by an affidavit setting out the facts and the nature of your defense.

  7. 7

    If the judgment is void because the court lacked jurisdiction or service was defective, Rule 60(b)(4) relief carries no fixed one-year cap, only the reasonable-time standard, and the Reporter's Notes say any doubt should be resolved in favor of setting aside defaults so cases are decided on the merits.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Massachusetts, 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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COMMONWEALTH OF MASSACHUSETTS

[COUNTY], ss. [TRIAL COURT DEPARTMENT] [e.g. DISTRICT COURT / SUPERIOR COURT / HOUSING COURT] Docket No.: [DOCKET NUMBER]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT [Mass. R. Civ. P. 55(c) and 60(b)]

NOW COMES the Defendant, [DEFENDANT NAME], and respectfully moves this Court to set aside the default judgment entered against the Defendant on [DATE OF JUDGMENT], and to reopen this action so it may be decided on the merits. As grounds, the Defendant states:

  1. Rule and vehicle. A default judgment was entered against the Defendant on [DATE]. Under Mass. R. Civ. P. 55(c), where a judgment has entered the Court may set it aside in accordance with Mass. R. Civ. P. 60(b).

  2. Grounds. Relief is warranted under Rule 60(b) because [select and describe: (1) the default resulted from the Defendant's mistake, inadvertence, surprise, or excusable neglect, describing what happened; or (4) the judgment is void because the Defendant was never properly served and the Court lacked jurisdiction / acted inconsistently with due process].

  3. Timeliness. This motion is made within a reasonable time. [If relying on excusable neglect: and within one year of the entry of judgment, as Rule 60(b) requires for that ground. If relying on a void judgment under 60(b)(4): the one-year cap does not apply to a void judgment.]

  4. Berube factors. The Defendant acted promptly upon learning of the judgment on [DATE]. The neglect, if any, occurred before trial and was not a consciously chosen course of conduct. Setting aside the judgment will not prejudice the Plaintiff. [If applicable: the error is chargeable to counsel rather than to the Defendant personally.]

  5. Meritorious defense. As shown in the accompanying affidavit, the Defendant has a meritorious defense: [state the real defense, for example the debt was paid, the amount claimed is wrong, or the Defendant is not the correct party]. This showing is made by affidavit, as Berube v. McKesson Wine & Spirits Co. requires.

WHEREFORE, the Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], allow the Defendant to defend this action on the merits, and grant such further relief as is just.

Respectfully submitted,

[DEFENDANT NAME], [Attorney for Defendant / Defendant, pro se] [Address] [Telephone] [BBO No., if attorney]

Dated: [DATE]

AFFIDAVIT IN SUPPORT

I, [AFFIANT NAME], on oath depose and state that the foregoing facts are true. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you learned of the judgment, and the nature of your defense.]

Signed under the pains and penalties of perjury this [DATE].

[AFFIANT NAME]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE] I served a copy of the foregoing motion and affidavit on the Plaintiff (or Plaintiff's counsel) by [method of service], in accordance with the Massachusetts Rules of Civil Procedure.

[NAME]

[Confirm your Trial Court department's motion and affidavit forms and any local filing and service requirements before filing.]

Massachusetts Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, and within one year for excusable neglect

A Rule 60(b) motion must be made within a reasonable time. For excusable neglect, newly discovered evidence, or fraud, it also may not be filed more than one year after the judgment was entered. The one year is an absolute outer bound that cannot be extended.

Identify which track applies

A bare entry of default, before any judgment, is set aside under Mass. R. Civ. P. 55(c) for 'good cause shown' with no fixed deadline. Once a default judgment has entered, Rule 55(c) routes you to Mass. R. Civ. P. 60(b), which controls timing and grounds.

State the Rule 60(b) ground

Identify which Rule 60(b) ground applies and explain the facts, for example mistake, inadvertence, surprise, or excusable neglect, or that the judgment is void. The ground you rely on affects both the deadline and the standard the court applies.

Address the Berube factors

Under Berube v. McKesson Wine & Spirits Co., the judge weighs whether you acted promptly, whether you show a meritorious defense, whether the neglect came before trial, whether it was a consciously chosen course of conduct, prejudice to the other side, and whether the error is chargeable to counsel rather than to you.

Check whether the judgment is void

A judgment is void only if the court lacked jurisdiction over the subject matter or the parties, or acted inconsistently with due process, such as defective service. Under Rule 60(b)(4) a void judgment can be set aside with no fixed one-year cap, and it is decided as of right, not by the discretionary Berube balancing.

Show a meritorious defense by affidavit

Berube factor two requires a showing that the claim or defense you seek to revive has merit, by affidavit or otherwise apparent on the record. Support the motion with an affidavit setting out the facts and the nature of your defense, not a conclusory statement. No Massachusetts rule requires a separately attached proposed answer.

Use the Massachusetts caption and available Trial Court forms

Caption the motion for the Trial Court department where the case is pending, using the county and docket number from the record. The Trial Court publishes motion and affidavit forms usable for this purpose; there is no single mandatory statewide set-aside form for every department.

File in the right Trial Court department and certify service

File in the Massachusetts Trial Court department where the case is pending, such as District Court, Boston Municipal Court, Housing Court, or Superior Court, serve the motion and affidavit on the plaintiff, and file a certificate of service. Confirm your court department's local requirements.

Frequently Asked Questions

It is a request asking the 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 on the merits. Once a default judgment has entered, the vehicle is Mass. R. Civ. P. 60(b), which allows relief for mistake, excusable neglect, a void judgment, and other grounds.

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. A bare entry of default is set aside under Mass. R. Civ. P. 55(c) for 'good cause shown,' with no fixed deadline. Once a default judgment has entered, Rule 55(c) routes you to Rule 60(b), which is harder and has its own timing rules.

The Rule 60(b) motion must be made within a reasonable time. For excusable neglect (and for newly discovered evidence or fraud) it also may not be filed more than one year after the judgment was entered. That one year is an absolute outer bound and cannot be extended. If the judgment is void, the one-year cap does not apply, only the reasonable-time standard.

Massachusetts does not decide these motions on a bare excusable-neglect clause. Under Berube v. McKesson Wine & Spirits Co., the judge weighs six factors: whether you acted promptly, whether you show a meritorious defense by affidavit or on the record, whether the neglect came before trial, whether it was a consciously chosen course of conduct, prejudice to the other side, and whether the error is chargeable to counsel rather than to you.

Often yes. A judgment is void only if the court lacked jurisdiction over the subject matter or the parties, or acted inconsistently with due process, such as defective service. Under Mass. R. Civ. P. 60(b)(4) the court may set aside a void judgment, and that path carries no fixed one-year cap, only the reasonable-time standard. A void-judgment motion is decided as of right, not by the discretionary Berube balancing.

Yes, for a discretionary Rule 60(b) motion. Berube factor two requires a showing that the claim or defense you seek to revive has merit, either by affidavit or otherwise apparent on the record. No Massachusetts rule requires you to attach a separate proposed answer, but you must support the motion with an affidavit setting out the facts and the nature of your defense, not a conclusory statement.

You file in the Massachusetts Trial Court department where the case is pending, such as the District Court, Boston Municipal Court, Housing Court, or Superior Court, using the case caption from the record. The Trial Court publishes motion and affidavit forms for this purpose, and there is no single mandatory statewide set-aside form that applies to every court department, so check your court department's forms and rules.