DocDraft Logo

Mississippi Motion to Set Aside a Default Judgment

Set aside a Mississippi default judgment under Rule 60(b). File within a reasonable time, capped at six months for accident or mistake, unless the judgment is void.

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 Mississippi the path depends on how far the case has gone. An entry of default is the clerk's early record that you did not answer, and under Mississippi Rule of Civil Procedure 55(c) the court may set it aside for 'good cause shown,' a relatively liberal standard. Once a default judgment has actually been entered, Rule 55(c) sends you to Rule 60(b), which is stricter. Setting aside a default judgment usually runs through Rule 60(b)(2) for accident or mistake, and that ground carries a hard outer limit: the motion must be made within a reasonable time and no more than six months after the judgment was entered. That six-month cap also applies to fraud (60(b)(1)) and newly discovered evidence (60(b)(3)). If the judgment is void (60(b)(4)), most often because you were never properly served, there is no six-month cap and the court must set it aside. Mississippi courts weigh three factors from the Hyman case: your reason for the default (excusable neglect or good cause), whether you have a colorable defense on the merits, and prejudice to the plaintiff. DocDraft drafts a Mississippi 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 entered when a defendant does not respond in time. In Mississippi 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

    The rule is Mississippi Rule of Civil Procedure 55(c). For good cause shown the court may set aside an entry of default, and if a default judgment has been entered it may set that aside in accordance with Rule 60(b).

  3. 3

    Setting aside an entry of default (before any judgment) uses the more liberal 'good cause shown' standard of Rule 55(c). Once a default judgment is entered, the stricter Rule 60(b) showing applies.

  4. 4

    The deadline is strict for the discretionary grounds. Under Rule 60(b) the motion must be made within a reasonable time and, for accident or mistake, fraud, or newly discovered evidence, no more than six months after the judgment was entered.

  5. 5

    Setting aside a default judgment is generally analyzed under Rule 60(b)(2) for accident or mistake, so the six-month cap from entry of judgment is the operative outer deadline. File as soon as you can, since six months is a limit, not a grace period.

  6. 6

    Mississippi courts weigh three factors from State Highway Commission v. Hyman: whether the default was caused by excusable neglect or a bona fide technical error, whether you have a colorable defense on the merits, and prejudice to the plaintiff.

  7. 7

    If the judgment is void under Rule 60(b)(4), most often for defective service or lack of jurisdiction, there is no six-month cap and the court must set it aside if you moved within a reasonable time.

Key decisions before you file

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

IN THE [CIRCUIT / COUNTY / CHANCERY] COURT OF [COUNTY] COUNTY, MISSISSIPPI

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Civil Action No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

[Miss. R. Civ. P. 55(c) and 60(b)]

COMES NOW Defendant [DEFENDANT NAME] and moves this Court, under Mississippi Rule of Civil Procedure 55(c) and Rule 60(b), to set aside the default judgment entered on [DATE OF JUDGMENT], and in support states:

  1. On [DATE], a default judgment was entered against Defendant because [describe the accident, mistake, or other reason for the failure to respond].

  2. Under Rule 55(c), an entry of default may be set aside for good cause shown, and a default judgment may be set aside in accordance with Rule 60(b).

  3. This motion is made within a reasonable time. To the extent it rests on accident or mistake under Rule 60(b)(2), it is made no more than six months after the judgment was entered, as Rule 60(b) requires.

  4. Grounds under Rule 60(b): [state the applicable ground, for example (2) accident or mistake; (1) fraud, misrepresentation, or other misconduct of an adverse party; or (4) the judgment is void].

  5. [If applicable: The judgment is void under Rule 60(b)(4) because Defendant was never properly served and the Court therefore lacked jurisdiction. When a judgment is void the Court must set it aside, and no six-month limit applies.]

  6. Excusable neglect / good cause: The default was caused by [describe the excusable neglect or bona fide technical error], not by any deliberate disregard of the case.

  7. Colorable defense: Defendant has a meritorious defense to the claim, namely [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party].

  8. No prejudice: Setting aside the judgment will not unfairly prejudice the Plaintiff, who can still litigate the claim on the merits.

These facts satisfy the three factors Mississippi courts weigh under State Highway Commission v. Hyman: the reason for the default, a colorable defense, and prejudice to the Plaintiff.

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

Respectfully submitted,

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

CERTIFICATE OF SERVICE

I, [NAME], certify that I served the foregoing motion on all counsel of record and any unrepresented parties by [method of service] on [DATE], in accordance with the Mississippi Rules of Civil Procedure.

[NAME OF PERSON CERTIFYING]

[This skeleton follows the general Mississippi trial-court format. Confirm the correct court (Circuit, County, or Chancery), the current rule text, and any local filing and hearing requirements before you file.]

Mississippi Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, six-month cap for accident or mistake

Under Rule 60(b) the motion must be made within a reasonable time. For accident or mistake, fraud, or newly discovered evidence, it must be made no more than six months after the judgment was entered. File as soon as you can, since six months is an outer limit.

Know that setting aside a default judgment runs through Rule 60(b)(2)

Setting aside a default judgment is generally analyzed under Rule 60(b)(2) for accident or mistake, which carries the six-month cap from entry of judgment. Confirm the current rule deadline for your court before you file.

Identify the Rule 60(b) ground

Identify which Rule 60(b) ground applies and explain the facts: (1) fraud, misrepresentation, or other misconduct; (2) accident or mistake; (3) newly discovered evidence; (4) the judgment is void; or (6) any other reason justifying relief.

Address the three Hyman factors

Mississippi courts weigh three factors from State Highway Commission v. Hyman: whether the default was caused by excusable neglect or a bona fide technical error, whether you have a colorable defense on the merits, and prejudice to the plaintiff.

Check whether the judgment is void

If you were never properly served or the court lacked jurisdiction, the judgment may be void under Rule 60(b)(4). When the judgment is void the court has no discretion and must set it aside, and no six-month cap applies, though you should still move within a reasonable time.

Show a colorable defense on the merits

A colorable defense is one of the Hyman factors, so show the real defense you would raise if the case is reopened, typically through the motion and supporting affidavits. The rule does not expressly require a proposed answer attachment, so confirm your court's local practice.

Support the motion with affidavits

Support the motion with sworn affidavits stating the facts of the default, the reason it happened, and when you learned of the judgment. Use the case caption exactly as it appears in the court record.

File in the trial court and serve the other parties

File in the same trial court (Circuit, County, or Chancery) where the case is pending and the default judgment was entered, serve the motion on all parties, and complete a certificate of service. Check your court's local rules for the filing method and any hearing requirement.

Frequently Asked Questions

It is a request asking a Mississippi trial 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 on the merits. Under Mississippi Rule of Civil Procedure 55(c), a default judgment is set aside in accordance with Rule 60(b), and the court weighs your reason for the default, your defense, and prejudice to the plaintiff.

An entry of default is the clerk's early record that you did not answer on time; a default judgment is the later judgment that decides the case against you. Under Rule 55(c), an entry of default is set aside on the more liberal 'good cause shown' standard. Once a default judgment is entered, you must meet the stricter Rule 60(b) showing, which for accident or mistake carries a six-month outer deadline from entry of judgment.

Under Rule 60(b) the motion must be made within a reasonable time. For accident or mistake, fraud, or newly discovered evidence, it must be made no more than six months after the judgment was entered. Because setting aside a default judgment is usually analyzed under the accident-or-mistake ground, the six-month cap generally governs. If the judgment is void, no six-month cap applies, but you should still move within a reasonable time.

Mississippi courts weigh three factors from State Highway Commission v. Hyman: whether the default was caused by excusable neglect or a bona fide technical error, whether you have a colorable defense on the merits, and the prejudice the plaintiff will suffer if the judgment is set aside. No single factor controls. The grounds themselves come from Rule 60(b), including accident or mistake and fraud.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void under Rule 60(b)(4). A judgment is void when the court lacked subject-matter or personal jurisdiction or acted inconsistently with due process. When the judgment is void the court has no discretion and must set it aside, and there is no six-month cap, though you should still move within a reasonable time.

In practice, yes. A colorable defense on the merits is one of the three Hyman factors the court weighs, so you should show the real defense you would raise if the case is reopened, typically through the motion and supporting affidavits. The rule text does not expressly require a formal proposed answer attachment, so confirm your court's local practice on what to include.

You file it in the same trial court where the case is pending and the default judgment was entered, under the case caption already on record. Support the motion with affidavits stating the facts of the default and your defense, and serve it on the other parties. Check your court's local rules for filing method and any hearing requirements, and confirm the current rule deadline before you file.